/ 21 January 2009

Constitutional Court rules against bids to block extradition

The Constitutional Court has ruled against a number of people trying to prevent their extradition either to or from the United States, in a judgement on Wednesday.

The case centred on David van Rooyen and Laura Brown, accused of fraudulently running a stem-cell business, and alleged drug dealer Nello Quagliani, who are wanted in the US to face charges.

Steven Goodwin is wanted in South Africa from the US to face charges relating to the collapse of Fidentia Asset Management.

They had argued that the extradition agreement between the two countries is not valid and questioned the validity of mandates that eventually brought it into force in Parliament.

The court found there was no evidence to support the allegation that there had not been a proper mandate to make the treaty law.

Lawyer for the state, Piet de Jager, said that this meant that all extradition processes on hold when this constitutional point was raised, can now resume.

”The effect of the application is that the [extradition] treaty is now formally declared as valid and binding between America and South Africa.” – Sapa