Publish date | 14 July 2019 |
Issue Number | 669 |
Diary | Legalbrief Forensic |
The extradition of former Mozambique Finance Minister Manuel Chang has been halted, after it emerged that Chang enjoys double immunity under Mozambican law. Justice Minister Ronald Lamola on Saturday announced that he has authorised the director-general of the Department of Justice and Constitutional Development, Vusi Madonsela, to file papers in response to Chang's urgent application to be surrendered to Mozambican authorities. A report on the News24 site notes that these papers will overturn a decision by previous Justice Minister Michael Masutha to have Chang extradited to Mozambique. The new information submitted to the court includes details about the double immunity Chang is privy to. 'Such immunities appear to suggest that any extradition to Mozambique will contravene the SADC Protocol, South African Constitution and the Extradition Act. As such, the previous decision may not be legally permissible,' said Justice Ministry spokesperson Chrispin Phiri. Moneyweb reports that Chang has been in custody in South Africa since December when he was arrested at the request of the US for his alleged involvement in $2bn of borrowing that US authorities say was fraudulent. He denies any wrongdoing. In May, Masutha ruled that Chang would be sent back to Mozambique to be held accountable for his alleged offences, a decision that irked Washington and campaigners who subsequently challenged it in court. US authorities asked SA to extradite Chang but Masutha acceded instead to a request by Mozambique to have him returned home to face prosecution. Lamola argues that Masutha was mistaken in believing that Maputo would revoke Chang’s immunity from prosecution. ‘It is therefore not clear that Mr Chang would be liable to a lawful prosecution should he be surrendered to the authorities in Mozambique,’ Lamola said in the draft papers.