Bail— Appeal against refusal of — In extradition proceedings — Procedure — Governed by provisions of s 65 of the Criminal Procedure Act 51 of 1977 and may be heard by a single judge.

S v TUCKER 2018 (1) SACR 616 (WCC)

Bail— Appeal against refusal of — In extradition proceedings — Procedure — Governed by provisions of s 65 of the Criminal Procedure Act 51 of 1977 and may be heard by a single judge.

 

In previous proceedings in this matter the court held that appeal proceedings in terms of the Extradition Act 67 of 1962 (the Act) — whether they were a s 13(1) appeal itself or an appeal from an order made by the magistrate in respect of bail in terms of s 13(3) of the Act — were primarily of a civil rather than a criminal nature and the position was governed by the provisions of s 14(3) of the Superior Courts Act 10 of 2013. The judge in that matter accordingly concluded he did not have jurisdiction sitting alone to hear the matter and postponed it for re-enrolment for hearing by two judges.

In the present matter the court noted that it was not sitting as a court of appeal on the previous decision, but as a court of first instance following that court’s ruling.

Held, that extradition proceedings were sui generis. Bail applications in such proceedings were in essence criminal in nature and inherently urgent in nature. Section 65 of the CPA was the applicable provision for an appeal to the High Court against a decision of the lower court and it could therefore be heard by a single judge of the High Court.

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