Primary briefing · Gazette
high impact 54453 · 3869 · 2026-04-02
Extradition Bill, 2026 — explanatory summary signals wholesale overhaul of 1962 Act
The Department of Justice and Constitutional Development has published the explanatory summary of the Extradition Bill, 2026 (Notice 3869, Government Gazette 54453), confirming the Minister's intention to introduce the Bill in the National Assembly shortly. The Bill proposes a comprehensive replacement of the Extradition Act 67 of 1962, aligning extradition law with the constitutional framework and international obligations. Key substantive changes include doubling the extraditable-offence imprisonment threshold from six to twelve months, expanding refusal grounds to include protections for LGBTQI+ individuals, introducing explicit provisions for surrender to international tribunals handling genocide, war crimes and crimes against humanity, and placing INTERPOL Red Notice-based provisional arrests on a statutory footing. The Bill also responds to the Constitutional Court's judgment in the Jason Smit case by clarifying the respective roles of designated Magistrates and the Minister in extradition proceedings, and restricts extradition inquiries to designated Magistrates with relevant training and experience.
Who is affected
Criminal defence practitioners handling extradition and cross-border mattersIn-house counsel advising multinational entities on cross-border criminal exposureGovernment departments involved in international criminal cooperationHuman rights organisations and practitionersLaw enforcement agencies executing INTERPOL Red Notices What this means for practitioners
Monitor the Bill's introduction in the National Assembly and track the parliamentary committee process for public comment opportunities
Review current extradition advisory mandates against the proposed 12-month imprisonment threshold — matters involving offences punishable by 6–12 months may fall outside the new regime
Brief multinational clients on the proposed INTERPOL Red Notice provisional arrest provisions and their potential operational impact
Assess whether any pending or anticipated extradition matters may be affected by the expanded refusal grounds, including the new LGBTQI+ protections