Approval to ratify by Parliament on 9 November 2000
Notice in Government Gazette 7132 of 1 August 2001
Botswana
Canada
Approval to ratify by Parliament on 3 April 2001
Notice in Government Gazette 7063 of 18 May 2001
China:
Approval to ratify on 11 November 2002
Instruments of ratification exchanged on 18 October 2004
Entered into force on 17 November 2004
Egypt:
Approval to ratify on 11 November 2002
Instruments of ratification exchanged on 16 September 2003
Entered into force on 16 September 2003
Notice in Government Gazette 26497 of 2 July 2004
India
Approval to ratify on 9 November 2004
Instruments of ratification exchanged on 6 December 2005
Entered into force on 16 December 2005
Israel
Lesotho
Approval to ratify by Parliament on 7 November 2001
Entered into force on 23 December 2003
Notice published in Government Gazette 26375 of 28 May 2004
Malawi
Nigeria
Approval to ratify on 11 November 2002
Not yet in force
Swaziland
United Arab Emirates
Entered into force on 10 July 2021
Notice published in Government Gazette GG 46164, GoN 1975, 1 Apr 2022
United States of America
Instruments of Ratification exchanged on 25 June 2001
Approval to ratify on 9 November 2000
Notice in Government Gazette 7100 of 29 June 2001
2. Treaties negotiated
but not yet signed
Brazil (MLA)
Cuba(Extradition and MLA)
Hungary (Extradition) (Covered under COE Convention
on Extradition)
Namibia (Extradition and MLA)
Republic of Korea (Extradition and
MLA)
Taiwan(MLA arrangement)
United States of Mexico (Extradition
and MLA)
United Arab Emirates(Extradition)
MLA to be finalised during second round of negotiations
Zambia (Extradition and MLA)
3. Extradition
and Mutual Legal Assistance Treaties signed but not yet ratified:
Hong Kong(Extradition and MLA)
Signed on 20 February 2009
To be submitted to Parliament for ratification
Iran
Signed on 31 August 2004
Submitted to Parliament for ratification
4. The Treaty with theRepublic
of China (Taiwan), signed on 30 December 1987, is deemed to
be terminated in terms of the Memorandum of Understanding between the
Government of the Republic of South Africa (RSA) and the Government of
the People’s Republic of China (PRC) on the Establishment of diplomatic
relations between the RSA and the PRC.
5. South Africa has Mutual
Legal Assistance in Criminal Matters Treaties with the following countries:
Instruments of ratification exchanged on 18 October 2004
Entered into force on 17 November 2004
Egypt
Ratified by Parliament on 11 November 2002
Entered into force on 16 September 2003
France
Ratified by Parliament on 11 November 2002
Entered into force on 1 March 2004
Notice in Government Gazette 27371 of 18 March 2005
India
Approval to ratify on 3 November 2004
Instruments of ratification exchanged on 6 December 2005
Entered into force on 6 December 2005
Lesotho
Ratified by Parliament on 7 November 2001
Entered into force on 23 December 2003
Nigeria
Ratified by Parliament on 11 November 2002
Not yet in force
USA
Ratified by Parliament on 9 November 2000
Entered into force on 25 June 2001
6. The Department is currently
busy setting up negotiations for the conclusion of extradition
and mutual legal assistance treaties with various countries including:
Brazil
Chile
Ethiopia
Pakistan
Paraguay
Peru
Tunisia
Uruguay
Venezuela
7. South Africa has also
designated Ireland, Zimbabwe, Namibia and
the United Kingdom in terms of section 3(2) of the Extradition
Act.
8. South Africa’s
accession to the Council of Europe’s Convention on Extradition entered
into force on 13 May 2003. A request was also directed to the Council of
Europe that South Africa accede to the Convention on Mutual Legal Assistance.
The Council of Ministers approved that South Africa accede to the MLA Convention.
South Africa must now indicate any possible reservations.
9. In terms of the Extradition
Act, any arrangement made with any foreign State which, by virtue of the
provisions of the Extradition Acts, 1870 to 1906 of the Parliament of the
United Kingdom as applied in the Republic, was in force in respect of the
Republic immediately prior to the date of commencement of the Act shall
be deemed to be an agreement entered into and published on the said date
by the President under the Act.
10. SADC Protocols on
Extradition and Mutual Legal Assistance (MLA) in Criminal Matters
This Protocol was signed by Summit on 3 October 2002 and ratified by
Parliament on 14 April 2003. The Protocol on Extradition entered into
force on 18 August 2006. The MLA Protocol still needs one ratification
before it can enter into force (to be confirmed by SADC Secretariat).
11. African Union Convention on
Extradition
The African Convention on Extradition was finalized during a meeting
of legal experts held in Ethiopia from 4 – 8 April 2001. The Department
of Foreign Affairs was requested to determine the delay in this matter.