A study of extradition law of Namibia in the context of the constitution
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Date
2004
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Abstract
This study is mainly based on literature review of domestic extradition legislation and the Namibian Constitution, extradition legislation from selected foreign jurisdictions, works of learned international writers on the subject as well as the analysis of judicial decisions on selected local and foreign reported cases. The study includes a brief comparative analysis of extradition legislations of the Republic of South Africa, the United Kingdom and that of Canada
The project has been able to reveal inconsistencies between certain provisions of the Namibian Extradition Act, (hereafter referred to as the Act) and those of the Namibian Constitution (hereafter referred to as the Constitution). Further more it has been found that the Act permitted reception of certain evidential material at extradition enquiries as conclusive proof of facts alleged, which reception was found to be potentially inconsistent with accepted rules of evidence applicable in Namibian courts
It was also brought to light that when the Minister of Justice performed his or her functions in terms of section 10 (1) of the Act, such exercise of power could amount to a failure in following the principle of audi alteram partem
The study has shown that some provisions of the Act regarding administrative decisions that the Minister has to take prior to the commencement of the extradition enquiry before a magistrate render the extradition process more cumbersome and that it is necessary to simplify the process for the benefit of the extraditee and the expediency of criminal justice. Against this background, comparative perspectives between local and foreign legislation have revealed suitable alternatives in this regard
This research project has found that the provisions of sections 10 (1), 12 (5) and 21 of the Act could be held to be inconsistent with those of Article 12 (d) of the Constitution and that relevant provisions be amended to render them compatible with the Constitution
Finally, this research project has investigated the Namibian extradition law in a comparative context thereby highlighting and further examining complex issues obtaining in the field of extradition
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Extradition, Legislation, Constitutional law