dc.contributor.author | Watney, M | |
dc.date.accessioned | 2012-09-04T11:35:30Z | |
dc.date.available | 2012-09-04T11:35:30Z | |
dc.date.issued | 2012 | |
dc.identifier.citation | Watney, M. 2012. A South African perspective on mutual legal assistance and extradition in a globalized world. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 15(2):292-318 [http://www.nwu.ac.za/p-per/index.html] | en_US |
dc.identifier.issn | 1727-3781 | |
dc.identifier.uri | http://hdl.handle.net/10394/7225 | |
dc.description.abstract | This contribution focuses on the modalities of mutual legal assistance and extradition
from a South African perspective. The question is posed whether South Africa has
succeeded to establish the required framework as a fully fledged member of the
international community to make a positive contribution in the fields of mutual legal
assistance and extradition subsequent to its international political isolation during the
apartheid era. Although the international community derives substantial benefit from a
borderless global world, it has as a result also to deal with the negative impact of
globalization on international crime. Physical and/or electronic crimes are increasingly
committed across borders and may be described as borderless, but law enforcement
(combating, investigation and prosecution of crime) is still very much confined to the
borders of a state. Criminal networks have taken advantage of the opportunities
resulting from the dramatic changes in world politics, business, technology,
communications and the explosion in international travel and effectively utilize these
opportunities to avoid and hamper law enforcement investigations. As a sovereign state
has control over its own territory it also implies that states should not interfere with each
other’s domestic affairs. The correct and acceptable procedure would be for a state
(requesting state) to apply to another state (requested state) for co-operation in the form
of mutual legal assistance regarding the gathering of evidence and/or extradition of the
perpetrator. Co-operation between states are governed by public international law
between the requesting and requested state and the domestic law of the requested state. The South African legislature has increasingly provided for extraterritorial
jurisdiction of South African courts in respect of organized crime and terrorism. It does
however appear that existing criminal justice responses are experiencing challenges to
meet the demands of sophisticated international criminal conduct. Mutual legal
assistance and extradition provisions may show that the world is becoming smaller for
fugitives and criminals, but the processes are far from expeditious and seamless. An
overview of the South African law pertaining to mutual legal assistance and extradition
indicates that the South African legislative framework and policies as well as
international treaties make sufficient provision to render international assistance in
respect of mutual legal assistance and extradition. The role of the courts in upholding
the rule of law and protecting the constitutionally enshrined bill of rights, is indicative of
the important function that the judiciary fulfills in this regard. It is important that
extradition is not only seen as the function of the executive as it also involves the
judiciary. It appears that South Africa has displayed the necessary commitment to
normalize its international position since 1994 and to fulfill its obligations in a globalized
world by reaching across borders in an attempt to address international criminal
conduct. | en_US |
dc.language.iso | en | en_US |
dc.subject | Extradition | en_US |
dc.subject | Mutual legal assistance | en_US |
dc.subject | International crime | en_US |
dc.subject | Organized crime | en_US |
dc.subject | Bill of rights | en_US |
dc.subject | Criminal justice | en_US |
dc.subject | Extraterritorial jurisdiction | en_US |
dc.subject | International agreements | en_US |
dc.title | A South African perspective on mutual legal assistance and extradition in a globalized world | en_US |
dc.type | Article | en_US |