Kebble suspect moves to bar extradition

Stratton’s SA lawyers filed notice of an urgent application in the Pretoria High Court to interdict the National Prosecuting Authority from pursuing an extradition request with the Australian authorities. Stratton’s attorney, Rael Gootkin, said in court papers the interdict application became necessary when the NPA refused to provide an undertaking not to proceed with the extradition request. Gootkin asked for the undertaking pending the outcome of an earlier main application by Stratton to have the entire extradition agreement between SA and Australia declared invalid, says a report on the Mail & Guardian Online site. According to the main application, the extradition agreement, signed on December 9 1998, should be struck down. In his affidavit Stratton claims, among other legal deficiencies, that: the Constitution does not authorise the President to delegate his authority to enter into extradition agreements (the agreement was signed by the Minister of Trade and Industry); the National Council of Provinces did not lawfully approve the agreement in line with the procedures laid down by the Constitution, in that no provincial mandate for the approval was sought or obtained; and the agreement was not properly gazetted. The NPA is to oppose the application. Full report on the Mail & Guardian Online site