Categories

News – South Africa: Stratton delays ruling by top court

WARNING: This is Version 1 of my old archive, so Photos will NOT work and many links will NOT work. But you can find articles by searching on the Titles. There is a lot of information in this archive. Use the SEARCH BAR at the top right. Prior to December 2012; I was a pro-Christian type of Conservative. I was unaware of the mass of Jewish lies in history, especially the lies regarding WW2 and Hitler. So in here you will find pro-Jewish and pro-Israel material. I was definitely WRONG about the Boeremag and Janusz Walus. They were for real.

Original Post Date: 2008-12-12 Time: 17:00:10  Posted By: Jan

An Australian businessman wanted in connection with Brett Kebble’s death has effectively stalled South Africa’s highest court from delivering a landmark extradition ruling.

Blaming technical glitches, Constitutional Court Justice Thembile Skweyiya on Thursday delayed handing down his ruling on the government’s battle with accused stem-cell fraud couple Stephen van Rooyen and Laura Brown.

Because the case impacts on every extradition agreement concluded by South Africa since 1997, it will have a major impact on the state’s mooted extradition of accused Kebble killer John Stratton.

The Star has established that the so-called glitches were caused by a legal application filed by Stratton’s lawyers minutes before the ruling was due to be given, resulting in the first judgment delay in the Constitutional Court’s history.

Stratton earlier applied unsuccessfully for the right to intervene in the state’s challenge to the ruling won by Van Rooyen and Brown, who halted their extradition to face trial in the US after they persuaded the Pretoria High Court that South Africa’s extradition agreement with the US was invalid.

Pretoria High Court Judge Ferdi Preller found that South Africa could not extradite Van Rooyen and Brown because parliament had failed to enact South Africa’s extradition agreement with the US into law.

During then president Thabo Mbeki’s appeal against the Van Rooyen and Brown ruling, Constitutional Court Justice Kate O’Regan made much of the fact that the couple had failed to involve all the Speakers of South Africa’s provinces – who their lawyers argued had not had any mandate to vote in support of the SA-US treaty – in their case.

Because of this, the judge stated that the Concourt would not be able to deal with the contested “lack of mandates” issue, which Van Rooyen and Brown’s legal team argued had invalidated the extradition deal.

The judge’s comments seemingly did not fall on deaf ears.

Stratton’s attorney Rael Gootkin on Thursday filed an application for the Speakers of the provinces to be joined in the Australian’s planned Constitutional Court challenge to the SA-Australia extradition treaty, allowing his legal team to argue the mandate issue.

Now the Concourt must decide how it will deal with the application, which shows that at least two of South Africa’s provinces did not have a mandate to vote for the treaty and could therefore impact on its yet-to-be-delivered Van Rooyen and Brown judgment.

Alleged Fidentia mastermind Steven Goodwin, who was granted the right to argue in the crucial case, on Thursday waited to hear its result from his cell in a Los Angeles jail.

According to Judge Skweyiya, the delayed ruling will be handed down on December 17.

    • Source: http://www.iol.co.za/index.php?art_id=vn20081212063226592C773752