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On 27 December 2018, the Pretoria Justice of the Peace’s Court docket authorised the arrest of Mr Manuel Chang in accordance with the Extradition Act No. 67 of 1962. He was intercepted and arrested at OR Tambo Worldwide the place he was on sure for Dubai.
After his arrest, the USA submitted an extradition request on 29 January 2019 for the extradition of Mr Chang. On 01 February 2019, the Mozambican authorities submitted its request.
On 8 April 2019, the Justice of the Peace’s Court docket dominated that the accused was extraditable to the Republic of Mozambique and america of America.
On 21 Could 2019, the Minister on the time (Michael Masutha) exercised his discretion by way of part 11(a) of the Extradition Act and determined that the accused must be extradited to Mozambique. Interpol was to facilitate the method.
Earlier than the accused’s give up might be finalized, the accused introduced an software within the Excessive Court docket of South Africa, in opposition to the Minister of Justice and Correctional Providers, Ronald Lamola, searching for his speedy switch from South Africa to Mozambique, alternatively that he be launched on his personal cognizance.
Upon finding out the appliance in opposition to him, a query arose whether or not the accused nonetheless loved immunity from prosecution in Mozambique on the time that Minister Masutha made his choice to give up him to Mozambique.
This query arose in mild of the truth that on the time when Minister Masutha made his choice, the accused was nonetheless a Member of Parliament, as such the accused was immune from prosecution by way of Mozambican legislation.
Minister Ronald Lamola sought an intervention from the courts to settle this query within the software in opposition to him by the accused.
The case was heard on 16 and 17 October 2019 earlier than a full bench within the Excessive Court docket of South Africa. The Court docket discovered that the choice to extradite the accused to Mozambique was extremely vires (invalid) for the reason that accused nonetheless loved immunity in Mozambique. The Court docket acknowledged that “it might make no sense to extradite an individual to a spot the place he can’t be prosecuted.” As such, the case was remitted again to the Minister for his consideration.
It was understood that the Mozambican authorities sought to enchantment the judgment, nevertheless after a number of months, the Mozambican authorities made representations to the Minister of Justice and Correctional Providers. The impact of the representations by the Mozambican authorities modified the info of the matter significantly on the query of immunity from prosecution.
Because the info stand now, the accused shouldn’t be immune from prosecution and has been duly indicted by the Mozambican authorities.
The Ministry of Justice and Correctional Providers subsequently confirms {that a} choice has been taken to extradite the accused to Mozambique.
After contemplating representations and new info, the accused in query is discovered to be extraditable by way of part 10 (1) of the Extradition Act.
The accused will subsequently be handed over to Mozambican authorities to face trial on the next costs in Mozambican legislation:
Abuse of place and performance;
Violation of price range legal guidelines;
Fraud by deception;
Embezzlement;
Passive corruption for illegal;
Cash Laundering; and
Felony Affiliation.
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