Concourt to rule on extraditions

2012-07-27 06:58

The Constitutional Court is expected to rule on whether South Africa may legally deport illegal immigrants charged with a capital crime in another country.

The constitutionality of extraditions was challenged in February by two Botswana citizens, Emmanuel Tsebe and Jerry Phale with the ruling set to be handed down today.

They applied to the High Court in Pretoria to prevent their extradition, unless Botswana gave South Africa a written assurance that they would not get the death penalty.

Both Tsebe and Phale were charged with murdering their partners, but fled to South Africa.

The high court granted an order in the pair’s favour. South Africa’s ministers of home affairs and justice and constitutional development however appealed to the Constitutional Court, which heard the matter in February.

Lawyers for the ministers argued the high court had not paid attention to the relevant provisions of the Immigration Act in determining its ruling.

Anton Katz, for Phale and Tsebe, argued the court order was supported by previous Constitutional Court decisions and international law.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.