International co-operation in criminal matters in South Africa: A comprehensive analysis of mutual legal assistance and extradition

Abstract

This article examines legal frameworks and mechanisms of international co-operation in criminal matters, focusing on mutual legal assistance (MLA) and extradition, with a particular emphasis on South Africa’s role within the global legal community. It explores the effectiveness of South Africa’s legislative and judicial systems in facilitating international criminal justice, especially in combatting transnational crimes such as terrorism, drug trafficking, and human trafficking. By analysing the International Co-operation in Criminal Matters Act 75 of 1996 and its regulations, alongside key international treaties such as the United Nations Convention against Corruption, this article assesses the adequacy of existing legal provisions and the challenges faced in implementing MLA and  xtradition. It highlights the complexities involved in the extra-territorial application of South African law and the potential for legal reform to improve international co-operation. Through a review of case law, legislation, and international agreements, the article proposes recommendations for improving the efficiency and effectiveness of MLA and extradition processes in South Africa to ensure they meet the evolving demands of global criminal justice.