• Urgent representation following arrest or notification of an extradition request;

• Bail and appropriate conditions of release;

• The legal basis and validity of the extradition request;

• Applicable treaties, international instruments and reciprocity;

• Identity and whether the person before the court is the person sought;

• Dual criminality and the proper characterisation of the alleged conduct;

• Whether the alleged conduct satisfies the applicable extradition threshold;

• Authentication and admissibility of foreign documentation;

• Evidential certificates and supporting materials;

• Extradition enquiries under sections 9 and 10 of the extradition act;

• Committal and liability for surrender;

• Post-committal bail where applicable;

• Appeals and judicial-review proceedings;

• Submissions and representations relevant to the minister’s decision;

• Speciality and the permitted scope of prosecution following surrender;

• Delay, procedural fairness and alleged abuse of process;

• Fair-trial concerns;

• Prison conditions and other human-rights considerations;

• Discrimination or prohibited grounds of prejudice;

• Diplomatic assurances and their reliability;

• Preparation of extradition requests and supporting application documentation;

• Coordination with foreign lawyers, governments, authorities and relevant specialists; and

• Parallel commercial, regulatory or criminal proceedings.

2. ARREST AND BAIL

A warrant may be issued for the arrest or further detention of the person sought. Once arrested, the person must be brought before a court.

Bail requires a careful assessment of the applicable stage, the interests of justice, flight risk, personal circumstances and suitable conditions of release.

Constitutional protections remain important because extradition proceedings are distinct from an ordinary South African criminal trial.

3. JUDICIAL ENQUIRY

The magistrate conducts an extradition enquiry and determines whether the statutory requirements governing liability for surrender have been met.

Where the person is accused rather than already convicted, the enquiry also addresses the evidential threshold required by the Extradition Act.

The enquiry does not determine the person’s ultimate guilt or innocence. Any criminal trial ordinarily takes place in the requesting State if surrender is ultimately ordered.

4. APPEAL OR JUDICIAL REVIEW

A committal determination, procedural ruling or other legally reviewable decision may require an appeal, judicial review or constitutional challenge.

The appropriate remedy depends on the decision concerned, the applicable legal instrument, the procedural history and the grounds relied upon.

5. MINISTERIAL DECISION

A committal order does not, by itself, complete the extradition process.

The Minister performs a separate executive function in determining whether surrender should be ordered or refused.

Certain matters relating to justice, fairness, severity, discrimination or other relevant considerations may require focused representations or subsequent judicial review.

This division between judicial and executive decision-making makes it essential to identify the correct forum and stage for each argument.

ASSISTANCE WITH EXTRADITION REQUESTS

A legally sustainable extradition request requires more than a description of the alleged offence.

June Stacey Marks Attorneys can assist a foreign government or its appointed representatives with:

• identifying the applicable South African legal framework;

• analysing treaty, statutory or reciprocity requirements;

• assessing dual criminality;

• aligning the alleged conduct with the relevant South African offences;

• reviewing warrants, indictments, judgments and evidential material;

• preparing the formal extradition request;

• preparing supporting application documentation;

• addressing authentication and certification requirements;

• identifying evidential or procedural deficiencies before submission;

• coordinating with foreign prosecutors, government representatives and South African authorities; and

• providing South African legal input throughout the extradition process.

This capability is informed by June Stacey Marks’ experience advising a foreign government and preparing an extradition request and supporting application documentation on its behalf.

WHY INSTRUCT JUNE STACEY MARKS ATTORNEYS?

June Stacey Marks brings together substantial litigation experience, constitutional analysis and a sustained academic focus on extradition and fair-trial protections.

Her relevant experience includes:

• representing persons facing extradition;

• advising a foreign government on extradition strategy;

• preparing an extradition request and supporting application documentation on behalf of that government;

• complex extradition and international criminal-law matters;

• dual-criminality work in a United Kingdom Serious Fraud Office matter involving alleged NHS price-fixing;

• cross-border proceedings and international legal coordination;

• rights of appearance in the High Court, Supreme Court of Appeal and Constitutional Court;

• an LLM obtained cum laude; and

• current LLD research in Public, Constitutional and International Law concerning the fair-trial bar to extradition. June Stacey Marks is an LLD candidate.

The firm is practitioner-led. Strategy is developed and directed by June Stacey Marks rather than passed through layers of junior personnel.

The Marks Factor: Precision with Power.

We Don’t Outsource the Fight — We Lead It.

FREQUENTLY ASKED QUESTIONS

WHAT HAPPENS DURING A SOUTH AFRICAN EXTRADITION ENQUIRY?

The enquiry determines whether the statutory requirements governing liability for surrender have been met.

It is not the foreign criminal trial and does not determine final guilt or innocence.

CAN AN EXTRADITION REQUEST BE OPPOSED?

Yes. The available grounds depend on the governing legal instrument, the alleged conduct, the evidence, the requesting State, constitutional considerations and the procedural history.

Every matter requires an individual legal assessment.

CAN AN EXTRADITION REQUEST BE OPPOSED?

The firm can work with foreign lawyers, South African counsel, prosecutors, government representatives and relevant specialists where a matter requires coordinated advice across jurisdictions.

WHAT IS DUAL CRIMINALITY?

Dual criminality generally requires the underlying conduct to constitute an offence in both relevant jurisdictions and to satisfy the applicable punishment threshold.

The analysis concerns the substance of the alleged conduct. It does not depend solely on whether the offences have identical names in both countries.

CAN A PERSON OBTAIN BAIL IN EXTRADITION PROCEEDINGS?

Bail may be available at different stages of the extradition process.

The applicable procedure and considerations depend on the stage reached, the circumstances of the person sought and the interests of justice.

Urgent legal advice should be obtained following arrest or the issue of a committal order.

CAN FAIR-TRIAL OR PRISON-CONDITION CONCERNS AFFECT EXTRADITION?

Potentially.

Fair-trial risk, prison conditions, discrimination and other human-rights considerations may be relevant to ministerial decision-making or judicial review.

The applicable legal test and the evidence required are specific to each case.

CAN JUNE STACEY MARKS ATTORNEYS ASSIST A FOREIGN GOVERNMENT?

Yes. The firm can assist a foreign government or its appointed representatives with South African extradition requirements, preparation of the request, supporting application documentation and strategic coordination.

The firm has direct experience advising a foreign government in this context.

Every proposed instruction remains subject to conflict checks and applicable professional obligations.

DOES THE FIRM REPRESENT ONLY PERSONS OPPOSING EXTRADITION?

No.

The firm’s experience includes representing requested persons and advising a foreign government. This provides valuable insight into the legal, evidential and procedural issues that can arise on either side of an extradition matter.

Whether the firm can accept a particular instruction depends on conflict checks, confidentiality obligations and the circumstances of the matter.

WHAT SHOULD SOMEONE DO AFTER AN EXTRADITION ARREST?

Obtain urgent legal advice.

Early decisions concerning bail, foreign documentation, evidence, procedural objections and representations may materially affect later stages of the matter.

WHEN TWO LEGAL SYSTEMS ARE INVOLVED, THE STRATEGY MUST BE COORDINATED FROM THE START

If you face an extradition request, anticipate proceedings, require South African advice in an international criminal matter or represent a foreign government requiring assistance with an extradition request, contact June Stacey Marks Attorneys for a confidential strategic consultation.

Telephone: 011 262 0470

Email: junemarks@icloud.com

Information on this page is general and does not constitute legal advice. Extradition matters are fact-specific and require an individual legal assessment. Acceptance of an instruction remains subject to conflict checks and applicable professional obligations.

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