South Africa has, over the past 25 years, become a signatory to many international and regional human rights instruments and has complied with obligations emanating from instruments.
Over the next five years, the Department of Justice and Constitutional Development plans to table country reports in compliance with its international obligations arising out of core human rights treaties such as the Universal Periodic Review, the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; and the International Convention against Torture and Other Cruel or Degrading Treatment or Punishment.
The department will work towards the finalisation of accession to outstanding international instruments, including the Convention on the Suppression and Punishment of the Crime of Apartheid, International Convention for the Protection of All Persons from Enforced Disappearance and many relevant others.
The department will also review, modernise and improve the Extradition Regime and the Mutual Legal Assistance Framework to ensure effectiveness and enhance collaboration with other states in the fight against crime in general. The conclusion of extradition and mutual legal assistance treaties will focus on countries in Latin America and South East Asia.
The main functions of the Chief Directorate: International Legal Relations, in the Department of Justice and Constitutional Development, is to identify and research legal questions that relate to matters pertaining to the administration of justice between South Africa and other countries, as well as international bodies and institutions.
The chief directorate is involved in direct liaison and negotiations at administrative and technical levels with foreign countries to promote international legal cooperation, and for the possible conclusion of extradition and mutual legal assistance agreements. It also aims to establish greater uniformity between the legal systems of southern African countries, especially within the SADC.
- regular liaison on international legal matters with the SADC;
- coordinating all Commonwealth matters pertaining to the administration of justice;
- interacting with the UN, the Hague Conference and the International Institute for the Unification of Private Law;
- interacting with foreign countries outside the SADC region;
- preparing Cabinet and Parliament documentation for the ratification of human rights treaties, including report writing; and
- processing requests for extradition, mutual legal assistance in criminal matters, interrogatory commissions, as well as requests for maintenance in terms of the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963).
Owing to the number of departments and/or institutions involved in the execution of extradition and mutual legal assistance, requests and taking into consideration that diplomatic channels are followed to transmit documents, delays are experienced from time to time.
Provisions are included in extradition and mutual legal assistance agreements to provide for direct communication between central authorities.
The drastic reduction in the turnaround time for the processing of these requests should be a clear indication to the rest of the world that South Africa will neither be a safe haven for fugitives nor a breeding ground for transnational organised crime.
International Criminal Court (ICC)
South Africa remains committed to the global promotion of the rule of law and will continue cooperating with the UN system to ensure the success of the international human rights architecture.
South Africa views the ICC as an important element in a new system of international law and governance.
Source: South Africa Yearbook 2020/21