South Africa's Constitutional Court is set to hear a pivotal case on November 4, 2025, challenging the National Prosecuting Authority's (NPA) power to request foreign extraditions. The Supreme Court of Appeal's recent ruling has declared such requests invalid, potentially freeing high-profile fugitives. This decision could reshape the country's criminal justice system and international relations.
For over 60 years, the NPA has initiated extradition requests to bring alleged criminals to South Africa for trial, a practice now under fire. The Constitutional Court will address this on Tuesday, November 4, 2025, following the Supreme Court of Appeal's (SCA) December 2024 judgment in the Schultz case, which ruled that only the Justice Minister holds this authority under the Extradition Act of 1962.
The case originated from Johnathan Richard Schultz, a South African arrested in 2019 for alleged theft and sale of unwrought precious metals, now residing in the US. Schultz challenged the NPA's request for his extradition, arguing it lacked legal basis. In 2022, the Gauteng High Court in Pretoria sided with the NPA, affirming its powers under section 179(2) of the Constitution for domestic prosecutions, with the Department of International Relations and Cooperation (Dirco) handling international aspects. However, the SCA overturned this, stating the Act does not explicitly grant the NPA authority for outgoing requests.
This ruling threatens all prior NPA-led extraditions, potentially applying retrospectively. National Director of Public Prosecutions Shamila Batohi and suspended Gauteng DPP Andrew Chauke warn of 'devastating consequences,' including wasted investigative efforts—thousands of hours per request—and damage to public confidence, the rule of law, and foreign partnerships. 'The massive effort that goes into preparing each outgoing extradition request will be wasted,' their submissions state.
High-profile cases illustrate the impact. Richard Payne, accused of defrauding the Gauteng Department of Health of R700-million, remains in the UK after objecting to the NPA's 2022 request, citing the SCA judgment. Moroadi Cholota, former aide to ex-ANC secretary-general Ace Magashule, was extradited from an undisclosed location in August 2024 for the R255-million Free State asbestos scandal but was released after invoking the Schultz ruling to challenge her extradition on fraud, corruption, theft, and racketeering charges.
NPA spokesperson Bulelwa Makeke described the hearing as 'hugely significant, with far-reaching implications for extradition applications.' The outcome could either uphold the NPA's independence or invite political interference, as the SCA decision 'deprived the NPA of its prosecutorial independence,' according to the authority.
If the Constitutional Court rules against the NPA, alleged fugitives abroad may escape justice, undermining South Africa's fight against corruption.