The Legal Resources Centre (LRC), on the instructions of the Society for the Abolition of the Death Penalty (Society), this week filed written submissions on the Tsebe case in the Constitutional Court (Court).

The case concerns the question of whether the State may extradite, deport or otherwise remove from South Africa a person to another State to face charges that carry the death penalty in circumstances where the receiving State has failed and/or refused to furnish an assurance that the death penalty will not be imposed or, if imposed, will not be implemented.

Mr Tsebe and Mr Phale were successful in the High Court in resisting their extradition, deportation or removal from South Africa to Botswana in the circumstances described above. During the High Court proceedings the Society presented argument that was taken into account by the High Court in finding in favour of Mr Tsebe and Mr Phale.

After the success of Mr Tsebe and Mr Phale, the government decided to appeal the judgment of the High Court to the Constitutional Court. The application before the Court is opposed by Mr Tsebe, Mr Phale and the Society. The Society opposes the application on the basis that it is unconstitutional to extradite, deport or otherwise remove from South Africa a person to another State to face charges that carry the death penalty in circumstances where the receiving State has failed and/or refused to furnish an assurance that the death penalty will not be imposed or, if imposed, will not be implemented.

This case will be heard by the Court on 23 February 2012. The Society will be represented by its Counsel Adv Steven Budlender and Adv Jason Brickhill. The Legal Resources Centre is working in co-operation with the Lawyers for Human Rights which is acting for Mr Tsebe and Mr Phale.

The written submissions containing full argument of the Society is available here.

ENDS.

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The LRC is an independent, non-profit, public interest law clinic, which uses law as an instrument of justice to provide legal services for the vulnerable.