Minister of Home Affairs and Others v. Tsebe and Others

Abstract

Extradition — Extradition of illegal immigrants to home State — Risk of imposition and execution of death penalty — Requests for assurance — Obligation towards prosecuting individual in own State — Southern African Development Community Extradition Protocol, 2002 — Extradition Treaty between Botswana and South Africa

Diplomatic relations — Extradition or deportation of individuals at risk of death penalty — Conflict of domestic constitution and treaty agreements — Interference with foreign prosecuting authority — Southern African Development Community — Resolving human rights disputes politically

Human rights — Object to protect, respect, promote and fulfil human rights — Human rights in extradition cases — Prohibition of death penalty — Obligations towards non-citizens — Obligations towards individuals entering country illegally — Obligation to protect human rights in other States’ jurisdiction — Whether real risk of death penalty being executed — The law of South Africa