Mochebelele v Director of Public Prosecutions, Gauteng Local Division, Johannesburg and Others

The appellant, a Lesotho national, was convicted of bribery in Lesotho and sentenced in absentia to five years’ imprisonment after fleeing to South Africa. Lesotho requested his extradition under the Extradition Act 67 of 1962 and a bilateral treaty. During the extradition enquiry, the magistrate found that the statutory requirements for extradition were met but nevertheless discharged the appellant under s 10(3), relying on extraneous considerations, including a pending refugee status review application and allegations of political persecution. The Director of Public Prosecutions successfully reviewed and set aside that decision in the High Court. The appellant then appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs. The magistrate’s discharge order was set aside, a warrant of arrest authorised, and the appellant was ordered to be committed to prison pending the Minister’s decision on surrender to Lesotho. The record of proceedings was directed to be forwarded to the Minister.

The case clarifies the strict division of powers between magistrates and the Minister in extradition proceedings under South African law. It reaffirms that magistrates have no discretion to consider political, humanitarian, or constitutional concerns during an extradition enquiry, which are reserved for the executive. The judgment reinforces precedent on the limited judicial role in extradition and promotes certainty in extradition procedure.