On 23rd February the Constitutional Court handed down a unanimous judgment in the consolidated applications in the case of State v Okah. The Judgment followed a hearing which took place on 28 November 2017 in which the Constitutional Court heard arguments on a number of legal issues of constitutional importance. The first issue was whether South African courts possess extra-territorial jurisdiction for crimes of terrorism and serious offences committed outside South Africa. The second issue was whether the said jurisdiction was limited to prosecutions for the financing of terrorism only. The third issue was whether under the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004, there exists an exception or defense to an accused who has is alleged to have committed the crime of Terrorism. Justice Edwin Cameron delivered the unanimous judgment, dismissing Mr Okah’s cross appeals.
SALC’s submission can be be accessed here.
State’s Reply to SALC’s submissions can be accessed here.
First Amicus Submissions can be accessed here.
The State’s Submissions can be accessed here.
Okah’s Submissions can be accessed here.
Okah’s Supplementary submissions can be accessed here.
The full judgment of the Constitutional Court can be accessed here.
News Releases
23 Feb 2018 – The State v Henry Emomotimi Okah.
30 Nov 2017 – South African Constitutional Court to decide on “Freedom fighter” exception under Terrorism Act.
Case in the News
27 Feb 2013 – South Africa must come clean on extra-legal renditions.
