Manuel Chang Extradition: Foundation Tells Court Why It Believes Lamola Is Correct To Ask For Review
South Africa is constitutionally obliged to ensure the effective prosecution of corruption even if the offence occurs outside of its borders, a lawyer representing the Helen Suzman Foundation (HSF) has argued.
He was arguing in an application to compel Justice Minister Ronald Lamola to give effect to his predecessor's decision to extradite Mozambique's former finance minister Manuel Chang to that country.
"Under the Constitution and relevant case law, South Africa has extraterritorial obligations that it must adhere to when deciding whether or not to extradite a person charged with corruption to a specific country," advocate Max Du Plessis SC argued in the Gauteng High Court in Johannesburg on Wednesday.
"South Africa's commitment requires that when making a decision to extradite, the country to which the person charged with corruption will be extradited, has the necessary will and ability to prosecute the crime properly and successfully."
Chang faced extradition requests from both the US and Mozambique - where he enjoyed automatic immunity as a lawmaker - until it was lifted in January.
Former Minister of Justice Michael Masutha decided on May 21 to have Chang extradited to his home country, Mozambique - not the United States.
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