1991

SCSA

State v Ebrahim 31 ILM 888 1991 Supreme Court of South Africa

A South African citizen was charge with treason. He had been abducted from Swaziland and transport to SA. This was a violation of IL, being a violation of the territorial sovereignty of Swaziland. The appellant claimed against his conviction on the ground that the SA courts lacked jurisdiction before his appearance before them was brought about by a violation of IL. The appeal was allowed

The first question to be decided in the present case is not what the relevant rules of IL are, but what those of our own law are. The individual must be protected against illegal detention and abduction, to protect and promote the integrity of the administrations of justice. When the state is a party to a dispute, as for example in criminal cases, it must come to court with ‘clean hands’