Synopsis:
Application for leave to appeal against decision of the Cape High Court. The respondent had been convicted of a sexual assault in Canada but fled to South Africa immediately after his conviction and was sentenced in his absence. He was judged liable for surrender back to Canada by a magistrate in terms of s 10 of the Extradition Act 1962. The Cape High Court overruled this decision. Yacoob J, for a unanimous Court, re-instated the order of the magistrate and held that the respondent was liable for surrender.