DOUBLE murder convict, Habofanoe Lephuthela Ntsie who is awaiting sentencing by the High Court contends that the court has jurisdiction to review his extradition, which was processed in South Africa earlier in March.

This, the convict said on Monday through his lawyer, Advocate Raboloetse Makara, asking for an urgent application to halt proceedings, pending the finalisation of the review application.

Makara argued that his client’s extradition was irregular and unlawful, adding that even though it was processed in South Africa, the High Court, however, has the jurisdiction to hear his application.
Advocate Lehlanako Mofilikoane who represents the Crown in the matter said the Ministry of Foreign Affairs, cited as the first respondent in the application is not a custodian of a record of proceedings for the extradition, which Ntsie has requested to use in his defence.

She maintained that the court does not have jurisdiction to hear the application as the extradition occurred in another country.

Mofilikoane, however, supported Ntsie’s request for the matter to be heard on an urgent basis and for those criminal proceedings to be suspended, pending the finalisation of the matter.
She agreed that Ntsie should be allowed to present his case, adding he has a right to be heard.

The Crown, she said will show that the allegations that the extradition was premature are incorrect.

“Hearing this application will prevent the applicant from going to the Court of Appeal if the court proceeds with sentencing without hearing the application,” she also noted.
The court strongly believed that the application is not as urgent as the applicant suggested.

Although the court also wanted judgment to be passed urgently after pending for several years as Ntsie fled the country in 2012 during the reading of the judgment, it (the court), nonetheless, permitted both parties to file papers.
Justice ’Maseforo Mahase who presides over the matter has since postponed the matter until November 29 for hearing.