President of the Republic of South Africa v Quagliani; President of the Republic of South Africa v Van Rooyen and Another

The cases concerned the validity and domestic enforceability of the extradition agreement between the Republic of South Africa and the United States of America. The respondents, Quagliani, Van Rooyen and Brown, were sought to be extradited to the United States. They challenged the extradition proceedings on the basis that the extradition treaty, although approved by Parliament, had never been enacted into South African law by national legislation as required by section 231(4) of the Constitution. In the High Court (Transvaal Provincial Division), Preller J held that the treaty had not been properly enacted and therefore could not be relied upon for extradition. The President, Minister for Justice and Constitutional Development, and the Director of Public Prosecutions sought leave to appeal directly to the Constitutional Court, arguing that the treaty was self-executing or otherwise valid without formal enactment.

Leave to appeal was refused and the High Court decision was effectively confirmed; the extradition treaty with the United States was held not to be enforceable in South African law due to the absence of national legislation enacting it.

The case is a leading authority on section 231 of the Constitution and clarifies the constitutional requirements for international agreements to become part of South African law. It has major implications for extradition, international cooperation in criminal matters, and the separation of powers, underscoring Parliament’s central role in transforming international obligations into domestic law.