scholarly journals A South African perspective on mutual legal assistance and extradition in a globalized world

2012 ◽  
Vol 15 (2) ◽  
Author(s):  
M Watney
Keyword(s):  
South African ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
African Perspective ◽  
Globalized World

scholarly journals A South African perspective on mutual legal assistance and extradition in a globalized world

2017 ◽  
Vol 15 (2) ◽  
pp. 291
Author(s):  
Murdoch Watney
Keyword(s):  
South Africa ◽  
Law Enforcement ◽  
South African ◽  
International Criminal ◽  
Legal Assistance ◽  
The South ◽  
Mutual Legal Assistance ◽  
African Perspective ◽  
Criminal Conduct ◽  
Globalized World

This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the international community to make a positive contribution in the fields of mutual legal assistance and extradition subsequent to its international political isolation during the apartheid era. Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of globalization on international crime. Physical and/or electronic crimes are increasingly committed across borders and may be described as borderless, but law enforcement (combating, investigation and prosecution of crime) is still very much confined to the borders of a state. Criminal networks have taken advantage of the opportunities resulting from the dramatic changes in world politics, business, technology, communications and the explosion in international travel and effectively utilize these opportunities to avoid and hamper law enforcement investigations. As a sovereign state has control over its own territory it also implies that states should not interfere with each other’s domestic affairs. The correct and acceptable procedure would be for a state (requesting state) to apply to another state (requested state) for co-operation in the form of mutual legal assistance regarding the gathering of evidence and/or extradition of the perpetrator. Co-operation between states are governed by public international law between the requesting and requested state and the domestic law of the requested state. The South African legislature has increasingly provided for extraterritorial jurisdiction of South African courts in respect of organized crime and terrorism. It does however appear that existing criminal justice responses are experiencing challenges to meet the demands of sophisticated international criminal conduct. Mutual legal assistance and extradition provisions may show that the world is becoming smaller for fugitives and criminals, but the processes are far from expeditious and seamless. An overview of the South African law pertaining to mutual legal assistance and extradition indicates that the South African legislative framework and policies as well as international treaties make sufficient provision to render international assistance in respect of mutual legal assistance and extradition. The role of the courts in upholding the rule of law and protecting the constitutionally enshrined bill of rights, is indicative of the important function that the judiciary fulfills in this regard. It is important that extradition is not only seen as the function of the executive as it also involves the judiciary. It appears that South Africa has displayed the necessary commitment to normalize its international position since 1994 and to fulfill its obligations in a globalized world by reaching across borders in an attempt to address international criminal conduct.

The Request for Mutual Assistance and the European Investigation Order – Is the Modern Legal Assistance Instrument Better than its Predecessor

2020 ◽  
Vol 26 (2) ◽  
pp. 211-216
Author(s):  
Georgia Papucharova
Keyword(s):  
European Convention ◽  
Legal Assistance ◽  
Judicial Cooperation ◽  
Mutual Legal Assistance ◽  
Mutual Assistance ◽  
Goods And Services ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
International Response ◽  
Criminal Matters

AbstractEuropean evidence law is a quite sensitive topic and has always been the cause of much debate by practitioners and academics. Theoretical and physical borders do not matter for transnational crime. The intensive mobility of people and the evolution of world trade with goods and services create favorable conditions for the cross-border crime to develop. Therefore, it is of a great importance to take far-reaching steps to an upgraded mechanism for obtaining evidence in and from the Member States. This article examines the application of two mutual legal assistance instruments – the request for mutual assistance, which was established by the European Convention on Mutual Assistance in Criminal Matters of 1959, the EU Mutual Legal Assistance Convention of2000 with its 2001 Protocol, and Arts. 48 to 53 of the Schengen Agreement, and the European Investigation Order introduced by the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. The main objective of this research is to emphasize the advantages and disadvantages of both judicial cooperation mechanisms. A comparative analysis of both operational tools is an appropriate way to assess which one is related to more procedural savings and how both of them deal with the protection of human rights. Thus, the modern instruments for judicial cooperation in the area of transnational evidence-gathering as an international response to crimes with cross-border dimensions can be adequately valued.

Socio-economic analysis of cybercrime

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 145-157
Keyword(s):  
Economic Analysis ◽  
Economic Damage ◽  
Legal Assistance ◽  
International Policy ◽  
Mutual Legal Assistance ◽  
Interstate Cooperation ◽  
Proper Functioning ◽  
Digital Era ◽  
Internet Resources ◽  
Proceeds Of Crime

In the presented article, the author analyzes socio-economic damage caused and expected as a result of cybercrime, a global and transnational threat. In parallel, with the development of technology and the growing dependence of the population on internet resources in the digital era, there are discussed dangers of blooming opportunities for cybercriminals and harm imposed by their actions. Taking into account the scale of the proceeds of crime, the author of the article presumes that cybercrime has formed into organized criminal business and has become a threat not only to the security of states and proper functioning of their institutions but also to the property and assets of citizens and enterprises, banks and fund institutions. According to the author, even the rules implemented by countries with a strong economy and developed technologies, and the refinement/ development of methods to combat this crime, will not bring results and will not be effective, since cybercrime is global and transnational by its nature. To accomplish the goals effectively, response to this challenge should be comprehensive, based on unified, well-established international policy. This only can be achieved through close interstate cooperation and instant (bypassing bureaucratic formalism) mutual legal assistance.

scholarly journals Monitoring changes in COVID-19 infection using wastewater-based epidemiology: A south African perspective

2021 ◽  
pp. 147273
Author(s):  
Leanne Pillay ◽  
Isaac Dennis Amoah ◽  
Nashia Deepnarain ◽  
Kriveshin Pillay ◽  
Oluyemi Olatunji Awolusi ◽  
...  
Keyword(s):  
South African ◽  
African Perspective
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