Reservations and Declarations for Treaty No.024 - European Convention on Extradition

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 20/10/2017

South Africa

Declaration contained in a Note Verbale from the Embassy of South Africa in Brussels, dated 26 May 2003 and registered at the Secretariat General on 11 June 2003, supplemented by a Note Verbale dated 17 June 2003 and registered at the Secretariat General on 17 June 2003 - Or. Engl.

For the purposes of Article 6 of the Convention, the term "nationals" is defined, in terms of South Africa's legal system, as persons who have acquired South African citizenship by means of birth, descent or naturalisation. This includes persons with citizenship of South Africa and of another country. These persons will all be liable to be extradited. South Africa's acceptance of dual citizenship will therefore not bar the extradition of a person where he or she is also in possession of a citizenship of a country which prohibits the extradition of its nationals.

[Note by the Secretariat : The Note Verbale dated 17 June 2003 reads as follows :
"The Embassy of the Republic of South Africa regrets the belated communication of the reservation and declaration regarding the European Convention on Extradition, which is the result of an unfortunate administrative oversight. The Embassy agrees that the provisions of the Convention concerning the making of reservations and declarations should be respected by Contracting States. However, it needs to be pointed out that the declaration and reservation were made by the South African Parliament during the process of domestic approval of the Convention and its two Additional Protocols. Parliament is the only institution authorised by the South African Constitution to approve international agreements of this nature, and the declaration and reservation consequently form an inseparable part of the Parliamentary decision in this regard."]
Period covered: 13/05/2003 -
Articles concerned : 6


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.