30 April 2026
Beyond the Text: The test for sourcing implied power
By Karien Norval, Kamogelo Magana, Shaniaè Maharaj
On 23 January 2026, the Constitutional Court handed down judgment in Director of Public Prosecutions, Johannesburg v Schutlz; Director of Public Prosecutions, Bloemfontein v Cholota. The constitutional question which seized the Court was whether the power to authorise outgoing extradition requests lies with the National Prosecuting Authority (NPA) or the National Executive.
