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South Africa Act 1962

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This is the original version (as it was originally enacted).

Fugitive offenders

1Where, in the case of a person accused of having committed an offence within the territory of the Republic, a warrant or provisional warrant for his apprehension has been endorsed or issued outside the Republic under Part I or Part II of the Fugitive Offenders Act, 1881, and has been executed before the commencement of this Act, the provisions of that Act shall apply in relation to the warrant and any proceedings thereon as if the Republic were a part of Her Majesty's dominions:

Provided that no person shall be returned to the Republic by virtue of this paragraph—

(a)if the offence of which he is accused is an offence of a political character or an offence which is not an offence under the law of the country or territory in which the warrant was endorsed or issued as aforesaid ; or

(b)if he proves to the satisfaction of a magistrate, court or authority having jurisdiction under the said Act to order his return or discharge that his return is in fact sought with a view to trying or punishing him for such an offence as aforesaid.

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