CCT24/08

[2009] ZACC 1

2009 (4) BCLR 345 (CC)

2009 (2) SA 466 (CC)

Sachs J

26 August 2008

21 January 2009

http://hdl.handle.net/20.500.12144/3534

Application to the CC for leave to appeal against two judgments of the Pretoria High Court: Quagliani v President of the Republic of South Africa and Others; Van Rooyen and Another v President of the Republic of South Africa and Others (959/2004; 28214/06) [2008] ZAGPHC 98 (6 March 2008) and Goodwin v Director-General, Department of Justice and Constitutional Development and Others Case No. 21142/08, Pretoria High Court, 23 June 2008. The judgment concerns challenges made to the validity and enforceability of the Extradition Agreement concluded in 1999 between South Africa and the United States.

Matter concerned challenges to the validity and enforceability of the Extradition Agreement concluded between South African and the United States of America in 1999. The majority of the Court held that: 1) Cabinet Ministers were entitled to play a role in signing the Agreement provided the President took the final decision to enter into it; 2) the applicants were barred from raising the issue of a lack of mandate by the National Council of Provinces to approve the Agreement; and 3) the Agreement was enforceable in that it was provided for by the Extradition Act. Consequently the challenges to the Agreement failed.