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No. 5146. Multilateral
EUROPEAN CONVENTION ON EX-
TRADITION. PARIS, 13 DECEMBER
19571
RESERVATION AND DECLARATION (WITH
NOTE VERBALE)
South Africa
Receipt by the Secretary-General of the
Council of Europe: 11 June 2003
Date of effect: 13 May 2003
Registration with the Secretariat of the
United Nations: Council of Europe, 22
August 2003
note verbale:
Volume 2223, A-5146
No. 5146. Multilat6ral
CONVENTION EUROPtENNE D'EX-
TRADITION. PARIS, 13 DItCEMBRE
1957'
RESERVE ET DECLARATION (AVEC NOTE
VERBALE)
Afrique du Sud
Rception par le Secrtaire g~nral du
Conseil de l'Europe : I I juin 2003
Date de prise d'effet : 13 mai 2003
Enregistrement aupr~s du Secrtariat
des Nations Unies : Conseil de
l'Europe, 22 aofit 2003
note verbale :
[ ENGLISH TEXT - TEXTE ANGLAIS ]
For the purposes of Article 2 of the Convention, the Republic of South Africa shall not
extradite any person unless the punishment awarded for a conviction in respect of which he
or she is being sought, is a sentence of imprisonment of at least six months.
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.
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."
1. United Nations, Treaty Series Vol. 359,1-5146 - Nations Unies, Recueil des Trait~s Vol. 359,
1-5146