In order to combat complex, global crimes, international collaboration is essential, according to Minister of Justice and Constitutional Development Ronald Lamola.
To solicit public feedback on the proposed Extradition Bill, the department released this.
The Minister said that the State Capture Commission had shown how complex and sophisticated corruption schemes may be and how important it is for the State to take every precaution to prevent them.
“Some of these methods often include the conduct of crimes in many different countries.
Our criminal laws are put to the test by this, particularly for the authorities in charge of law enforcement and prosecution.
We must strengthen our ability to cooperate internationally in all of its forms to solve this.
For high-profile and complicated instances of white-collar crime and corruption to be properly investigated and prosecuted, effective international collaboration is crucial, according to Lamola.
The proposed law aims to bring South Africa up to date with contemporary international norms, according to the government.
The international community has created a number of mechanisms for international cooperation in criminal matters, including extradition, mutual legal assistance, the transfer of criminal cases and convicted individuals, recognition of judgments from other criminal jurisdictions, the freezing or seizure of assets, and cooperation between law enforcement agencies.
These techniques apply to all forms of crime, including terrorism, whether they are international, transnational, or national.
“The Extradition Act of today, No. 67 of 1962, is out of date. It does not comply with all presently adopted international protocols, the South African Constitution, or contemporary extradition norms, according to the department.
If the revised measure is approved and signed, it is expected to correct these flaws.
“The provisions suggested in the Bill also take into account the confiscation of assets that might be given to the State making the extradition request.
In addition to providing for a temporary arrest and surrender of a person sought by an international body in relation to international crimes including genocide, war crimes, and crime against humanity, it explains the function of judges in extradition procedures.
The International Criminal Court is the only international organization that is now capable of receiving extradition requests, according to the government.
The law is now subject to public comments and inquiries, with a deadline of this year’s 4 October.
“After the time for submission of comments has passed, all comments will be taken into consideration and reviewed, and the draft Bill will be revised to include these inputs.
The Bill won’t be brought to Cabinet for permission to be introduced into Parliament until that point.
The public will have further opportunity to provide feedback on the Bill after it is in Parliament as it moves through the National Assembly and National Council of Provinces, according to the department.
Ms. R. Baloyi must receive comments by no later than 4 October 2022.
Comments may be sent to the Chief Directorate for Legislative Development at the Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001.
Send feedback through email to RegoBaloyi@justice.gov.za.
Dial 012 406 4769 to send a fax.