¹ They are: Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe.

² See “Technical workshop to finalise draft protocols on the free movement of persons set for Lesotho”, Daily News (Gaborone), 13 March, 1996.Google Scholar

³ See South African Police Service, Report on the Incidence of Crime During 1995, compiled by the Crime Research Component of the National Crime Information Management Centre, April 1996, 3 and 42.

⁴ South African Police Service, “Illicit cross-border drug trafficking as a national and international threat”, presented by Major General Venter, C.J.D. at the Joint Southern African Development Community (SADC)/European Union (EU) Regional Conference, Mmabatho, North West Province, South Africa, 30 October-2 November, 1995.Google Scholar

⁵ Annual Report of the Commissioner of the Botswana Police for the year 1995.

⁶ See UNDCP Presentation at the SADC/EU Conference on Cross-border Trafficking on “The need for harmonising judicial controls and administrative procedures, compliance with international conventions and international experiences.” See also Interpol, “The African panorama: illicit traffic in drugs and psychotropic substances”, paper presented at the 2nd Meeting of African Heads of National Drug Services, Lusaka 29–30 May, 1995.Google Scholar

⁷ South African Police Service, ibid.

⁸ Interpol, ibid.

⁹ Interpol, ibid. “Many Indians have settled in African countries. They have acquired citizenship of those countries. They have ethnic ties in India. These groups send couriers who are received by the Indians, put up in cheap hotels, helped in the procuring and concealment of methaqualone tablets and obtaining return passage.”

¹⁰ South African Police Service, ibid.

¹¹ The only extradition treaties in the region were those between South Africa and Swaziland (1968), with Botswana (1969) and with Malawi (1972). Generally see Dirk van Zyl Smit, “Reentering the international community: South Africa and extradition”, (1995) 6 Criminal Law Forum 369.CrossRefGoogle Scholar

¹² In R v. Sambo [1970–76] Swaziland Law Reports 133 the accused was charged in a Swaziland court with the theft of goats from South Africa. On the issue of whether the courts had jurisdiction o t try him die court said: “The court has no jurisdiction to try a criminal offence completed outside Swaziland. But theft being a continuous offence, the offence continues to be committed as long as the stolen property is in possession of the thief. Therefore if the goats were proved to have been in possession of the accused in Swaziland, the theft would be regarded as having been committed in Swaziland although the original contrectatio took place in the Republic of South Africa.”

¹³ In Stale v. Masilo & Another [1971] Botswana Law Reports 61 the accused were charged before a Botswana court with stealing cattle from Rhodesia. It was held that the court had no jurisdiction to try the offence which was completed in Rhodesia. According to Botswana law, theft was not a continuing offence.

¹⁴ See for example Godfrey Miyanda v. Attorney-General of Zambia [1983] Zambia Law Reports 78.

¹⁵ See for example S v. Ebrahim [1991] 2 South African Law Reports 553 (A).

¹⁶ See for example s. 26(3) of the 1995 National Unity and Reconciliation Act of South Africa, Act No. 34 of 1995.

¹⁷ S. 7(2) of the Botswana Extradition Act, Act 18 of 1990. For similar provisions see s. 5(3) of the Botswana Mutual Assistance in Criminal Matters Act, Act No. 20 of 1990.

¹⁸ For example see the Botswana Proceeds of Serious Crime Act, Act No. 19 of 1990.

¹⁹ South African Police Service, Report of the Incidence of Crime during 1995, at 26.

²⁰ Draft Protocol on the Movement of Persons in the Southern African Development Community (SADC), art. 17(2), 15 March, 1996.Google Scholar

²¹ Art. 2 of the Protocol on Illicit Trafficking in Southern African Development Community, signed by the Heads of State or Government on 24 August, 1996, at Maseru, Lesotho.Google Scholar

²² These are the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol; the 1971 Convention on Psychotropic Substances; and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. [Eds note: For details of African states that are parties to the conventions, see (1995) 39 J.A.L. 104–105.]CrossRefGoogle Scholar

²³ Art. 5(1).

²⁴ Art. 5(2).

²⁵ UN General Assembly Resolution No. 45/117 of 14 December, 1990.

²⁶ See, for example, s. 5 of the Botswana Mutual Assistance in Criminal Matters Act, Act No. 5 of 1990.

²⁷ Art. 5(5).

²⁸ The United Nations Model Treaty on Mutual Assistance, above, lists some of these matters as possible grounds for withholding mutual assistance.

²⁹ Mutual Assistance in Criminal Matters Act, Act No. 20 of 1990, ss. 7 and 8.

³⁰ Art. 6.

³¹ ibid.