Extradition Act, 1968
Act 13 of 1968
- Assented to on 6 August 1968
- Commenced on 9 August 1968
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Extradition Act, 1968.
2. InterpretationIn this Act unless the context otherwise requires—“application for habeas corpus” means an application for a writ of habeas corpus or of homine libero exhibendo;“court of committal” means a court established under the Magistrate’s Courts Act, No. 66 of 1938, and presided over by a magistrate specially designated for the purposes of this Act, by the Chief Justice, by notice published in the Gazette;“extradition agreement” or “agreement” means an agreement in force or deemed to be in force in terms of section 3;“magistrate” means a person entitled under section 4(2)(a) of the Magistrate’s Courts Act, No. 66 of 1938, to hold a court;“Minister” means the Prime Minister;“State” means foreign state and includes any territory and shall be deemed to include any vessel on the high seas or aircraft registered in the state under its law relating to such registration.
4. Persons liable to be extraditedAny person accused or convicted on an offence included in an extradition treaty and committed within the jurisdiction of a State which is a party to such agreement shall, subject to this Act, be liable to be surrendered to such State in accordance with the terms of such agreement, whether or not such offence was committed before or after the date of commencement of this Act or before or after the date upon which such agreement comes into operation and whether or not a court in Swaziland has jurisdiction to try such person for such offence.
5. General restrictions on surrenderA person shall not be extradited under this Act to any State, or be committed to, or kept in, custody for the purpose of such extradition, if it appears to the court of committal or to the High Court on an application for habeas corpus or on appeal or review against the decision of the court of committal that—
6. Requests for extradition from Swaziland
7. Warrants of arrest issued in Swaziland
8. Warrants for further detention of persons arrested without warrants
9. Proceedings for committal
10. Powers and duties of court of committal
11. Minister may order surrender to foreign StateThe Minister may order any person committed to prison under section 10 to be surrendered to any person authorized by the State to receive him and may order the handing over of any property seized in terms of section 7(3).
13. Limitation of execution of order of surrenderNo order for the surrender of any person shall be executed—
14. Minister’s right to order cancellation of warrants of arrest or dischargeThe Minister may at any time order the cancellation of any warrant issued under this Act, for the arrest of any person or the discharge from custody of any person detained under this Act, if he is satisfied that the offence in respect of which the surrender of such person is or may be sought, is an offence of a political character or that the real purpose for the request for such surrender is to prosecute or punish him on account of his race, religion, nationality or political opinions, or that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.
15. Removal of persons surrendered
16. CustodyAny person arrested or remanded or committed under this Act shall be detained in a prison established under the Prisons Act, No. 40 of 1964, as if he were an unconvicted person in terms of such Act or any regulation made thereunder.
17. Attorney-General’s right to appear at extradition proceedingsThe Attorney-General, or any person delegated by him, may appear at any inquiry under this Act or at any proceedings in the High Court under this Act.
18. Regulations as to notices, etc.The Minister may make regulations prescribing forms of notices, warrants, recognizances and orders and other forms to be used for the purposes of this Act.
19. Detention of surrendered person for offences other than those in respect of which he was extraditedNo person surrendered to Swaziland by any State in terms of any extradition agreement shall, until he has been returned or had an opportunity of returning to such State, be detained or tried in Swaziland for any offence committed prior to his surrender other than the offence in respect of which extradition was sought:Provided that any such person may, at the request of another State and with a view to his surrender to such State, be detained in Swaziland for an offence which was so committed and to which that agreement relates, if such detention is not contrary to the laws of or the extradition agreement with the State which surrendered him to Swaziland and provided further that not less than forty-five days have expired after he has had an opportunity of returning to such State.
20. Return of person acquitted or not charged within a specified timeThe Minister may, at the request of any person surrendered to Swaziland, return him to the State in, or on his way to which, he was arrested if—
21. Entry into and passage through Swaziland of person in custody
22. Rules of court
History of this document
09 August 1968
06 August 1968
Cited documents 1
Documents citing this one 8
- Kunene v Director Of Public Prosecutions (3 of 2019)  SZSC 43 (9 October 2019)
- Mabila No And Another v Syzo Investment (Pty) Ltd And Others (47 of 2013)  SZSC 70 (29 November 2013)
- Swaziland Government Gazette dated 1978-07-14 number 897
- Swaziland Government Gazette dated 1987-09-25 number 547
- Swaziland Government Gazette dated 1994-06-29 number 32
- Swaziland Government Gazette dated 1997-03-07 number 231
- Swaziland Government Gazette dated 2011-04-27 number 45
- Swaziland Government Gazette dated 2014-11-25 number 132