Detention pending surrender

South Africa

Implementation of the Rome Statute of the International Criminal Court (Act No. 27 of 2002)

CHAPTER 4
COOPERATION WITH AND ASSISTANCE TO COURT IN OR OUTSIDE SOUTH AFRICA (ss 8-32)

Part 1
Cooperation with court: arrest of persons and their surrender to court (ss 8-13)

10 Proceedings before competent court after arrest for purposes of surrender

(5) If, after considering the evidence adduced at the inquiry referred to in subsection (1), the magistrate is satisfied that the requirements of subsection (1) (a) to (c) have been complied with and that the person concerned may be surrendered to the Court-

(a) for prosecution in the Court for the alleged crime;

(b) for the imposition of a sentence by the Court for the crime in respect of which the person has been convicted;

(c) to serve a sentence already imposed by the Court,

the magistrate must issue an order committing that person to prison pending his or her surrender to the Court.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;