South Africa can provide assistance in the absence of a treaty and assistance can include facilitating the provision of evidence and the confiscation and transfer of the proceeds of crime between South Africa and a foreign State.
South Africa has Mutual Legal Assistance Agreements currently with 12 foreign States and where an agreement is not in place reliance can be placed on a relevant UN or other international instrument.
The Extradition Act, 1962 (Act No. 67 of 1962) provides for the extradition of persons accused or convicted and does not prohibit the extradition of South African nationals to a foreign State or on the extradition of the nationals of a third State from South Africa to another State. The Minister of Justice, however, has discretionary powers to refuse extradition in certain circumstances.
In the 2006/2007 year South Africa received and managed 36 applications of mutual legal assistance from foreign states. It made 16 applications to foreign states and managed seven cases for the extradition to South Africa of fugitives.
