Schultz v Minister of Justice and Correctional Services and Others

The appellant, Johnathan Richard Schultz, a South African citizen residing in the United States since 2019, was implicated in South African criminal investigations relating to the alleged theft and sale of unwrought precious metals. South African authorities indicated an intention to seek his extradition from the United States to stand trial. Schultz approached the Gauteng Division of the High Court seeking declaratory relief, including a declaration that only the Minister of Justice, as a member of the national executive, is empowered to make an extradition request to the United States. The High Court dismissed this declarator, holding that the National Prosecuting Authority (NPA) had the power to make outgoing extradition requests. Schultz appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The High Court’s order was set aside and replaced with an order declaring that only the Minister of Justice, in his capacity as a member of the national executive, has the power to make an extradition request for the appellant’s extradition from the United States of America.

The judgment authoritatively clarifies that outgoing extradition requests are an executive function in South African law. It resolves uncertainty created by conflicting High Court decisions and affirms the separation of powers by distinguishing prosecutorial authority from executive responsibility in foreign relations. The case has important implications for extradition practice, international cooperation in criminal matters, and the constitutional allocation of powers between the executive and the NPA.