EXTRADITION BILL: 2nd PRE-TABLING NOTICE GAZETTED

EXTRADITION BILL: 2nd PRE-TABLING NOTICE GAZETTED

• 02 April 2026
• Justice & Constitutional Development
• SA Legal Academy

The Department of Justice & Constitutional Development has gazetted a notice announcing the imminent tabling in Parliament of an Extradition Bill – nearly nine months after publishing a less detailed notice announcing the same intention. Both notices were gazetted as the Bill’s procedurally required pre-tabling explanatory summary.

According to the latest notice, in addition to aligning domestic legislation with international treaties and obligations, among other things the Bill will seek to:

• ‘expand the list of offenses for which extradition may not be granted, including protections for LGBTQI+ individuals’
• ‘provide (for) detailed regulations on provisional arrests, including arrests based on INTERPOL red notices pending formal extradition requests’
• ‘clarify the role of Magistrates in extradition inquiries and the Minister’s authority in making extradition decisions’, and
• ‘require extradition inquiries to be conducted only by designated Magistrates with relevant training and experience and limits factors considered during extradition inquiries to avoid treating them as criminal trials’.

Please click the links below for more information:

• latest explanatory summary
• July 2025 explanatory summary

Published by SA Legal Academy Policy Watch

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