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Extradition and Mutual Legal Assistance in criminal matters treaties

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1. South Africa currently has extradition agreements with the following countries:

2. Treaties negotiated but not yet signed

3. Extradition and Mutual Legal Assistance Treaties signed but not yet ratified:

4. The Treaty with the Republic 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:

6. The Department is currently busy setting up negotiations for the conclusion of extradition and mutual legal assistance treaties with various countries including:

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

11. African Union Convention on Extradition