Extradition
Another country wants you. That is not the end of the argument.
An extradition request is not a conviction and it is not automatic. It is a legal process with requirements the requesting state has to meet, heard before a magistrate in South Africa, with a route of review above it. These matters are urgent, technical, and far more contestable than most people are told.
The situation
What people are facing
- You have been arrested on a foreign warrant, or an Interpol notice has surfaced, and nobody has explained what happens next.
- The alleged conduct happened years ago, in a country you may not have lived in since.
- You are being held while the process runs, with no clear sense of how long that is.
- You have family, employment and a life here, and the practical consequences are as serious as the legal ones.
What the law says
What the law actually says
- Extradition from South Africa runs under the Extradition Act and the relevant treaty or arrangement with the requesting country. There is a process, and it has requirements.
- A magistrate must be satisfied that the statutory requirements are met. The enquiry is not a trial of guilt — but it is a genuine judicial enquiry, not a rubber stamp.
- Double criminality generally applies: the conduct must be an offence in both countries. Where it is not, that is a substantive answer.
- Constitutional protections do not fall away because a foreign state is asking. The consequences of surrender, including the treatment a person would face, can be raised.
How we handle it
- 01
Move immediately
Establish what has actually been requested, by whom, under which instrument, and on what alleged conduct. Extradition matters move faster than ordinary criminal cases.
- 02
Deal with custody
Bail in extradition matters has its own considerations. Being in custody for the duration is not automatic, and it is worth contesting.
- 03
Test the request
Treaty basis, double criminality, sufficiency of the supporting material, lapse of time, and whether the request is what it appears to be.
- 04
Enquiry and beyond
We appear at the enquiry. Where an order is made, there are routes above it, including review and representations at ministerial level.
What it costs
Extradition work is specialised and usually urgent, which is the expensive combination. We will scope it honestly at the outset, including where foreign counsel in the requesting country is genuinely necessary — sometimes the most useful work happens there rather than here.
What moves the number
- The requesting country and the instrument the request runs under
- Whether foreign counsel needs to be instructed in parallel
- The volume of supporting material and whether it needs translation
- Whether the matter goes to review after the enquiry
How long it takes
Extradition matters can run for many months, and the person concerned is frequently in custody for part of it. That is precisely why the early stages — custody and the sufficiency of the request — deserve immediate attention.
Common questions
Extradition
Can I be sent to another country without a hearing?
No. There is a judicial enquiry before a magistrate, and you are entitled to be legally represented at it. Anyone telling you the outcome is a formality is not describing the law accurately.
What if the alleged offence is not a crime in South Africa?
Double criminality is generally a requirement, so that goes to the heart of the request. It is one of the first things we examine.
Can I get bail while this runs?
Bail in extradition matters carries its own considerations, and flight risk is assessed differently where a foreign state is seeking you. It is far from automatic — and equally, it is far from impossible.
The allegation is from many years ago. Does that matter?
Lapse of time can be relevant, both to the request itself and to what surrender would mean in practice. Whether it helps depends on the facts and the instrument involved.