McCarthy v Additional Magistrate, Johannesburg and Others

The appellant, Ann Phyllis McCarthy, a South African and German citizen, was sought by the United States for extradition on a charge of conspiracy to murder a US Attorney. After an unsuccessful extradition attempt from Germany, the US requested her extradition from South Africa. She was arrested in South Africa in 1990 under a section 5 warrant of the Extradition Act 67 of 1962. The first warrant was withdrawn; the second resulted in her discharge in November 1990 due to evidentiary deficiencies. Nearly a year later, in November 1991, the State obtained a third warrant (without disclosing the prior failed attempts) after supplementing the evidence. McCarthy challenged the validity of this warrant and sought an indefinite stay of extradition proceedings on grounds of unreasonable delay.

The appeal was dismissed. The third warrant of arrest was upheld and the application for an indefinite stay of extradition proceedings was refused.

The case clarifies the scope of a magistrate’s discretion when issuing extradition warrants under the Extradition Act and confirms that non-disclosure will only vitiate a warrant if it is material. It also applies constitutional fair-trial delay principles to extradition proceedings, confirming that explained and systemic delays do not automatically justify a permanent stay.