In July 2025, South Africa tabled an important legislative reform that marks a significant advancement in the country’s legal framework for international judicial cooperation. The International Co-operation in Criminal Matters Amendment Bill, 2025 (B18—2025), published under Government Gazette No. 52968, seeks to strengthen the mechanisms through which South Africa engages with foreign states and international criminal bodies. It does so by refining the original International Co-operation in Criminal Matters Act, 1996, ensuring that South Africa remains responsive to the increasing complexity of transnational crime while remaining firmly anchored in constitutional principles.
This reform comes at a critical time. The global nature of crime - whether in the form of terrorism, human trafficking, cybercrime, financial misconduct, or other cross-border offences - requires countries to work collaboratively and efficiently across jurisdictions. The Bill responds to these demands by improving South Africa’s capacity to assist, respond to, and execute international legal processes, including subpoenas, the collection of evidence, and the enforcement of orders. In doing so, it affirms the Republic’s ongoing commitment to the rule of law both within and beyond its borders.
The Bill introduces several key amendments that are both practical and principled in design. Among the most notable developments is the provision for courts to receive and present evidence via live audio-visual link. This is particularly significant in today’s legal environment, where global mobility is increasingly restricted, and where logistical and safety concerns often make in-person appearances impractical. Section 2A of the Bill allows a presiding officer (either on their own initiative or upon application by a party) to authorise that evidence be given remotely via a live audio-visual connection. This provision does not function in isolation. It incorporates crucial safeguards, including the requirement that the witness and the court be visible and audible to one another in real time, and that the witness remains subject to cross-examination. The court is further obliged to ensure that any such arrangement aligns with the interests of justice.
These measures are not merely procedural conveniences; they reflect a growing global trend towards digital adaptation in legal proceedings.
A further core feature of the Bill is the creation of an entirely new Chapter 2A, which provides for structured cooperation with international entities that investigate or prosecute international crimes. This chapter does not apply to the International Criminal Court, which continues to be governed under the separate Implementation of the Rome Statute of the International Criminal Court Act, 2002. Instead, it is aimed at other recognised international tribunals and bodies, ensuring that South Africa has a dedicated legislative framework to facilitate effective collaboration.
The new chapter sets out detailed procedures for processing requests from such entities. It outlines how the Director-General must assess and verify formal requests for assistance, including those relating to investigations or proceedings already instituted. Once approved by the Minister of Justice, these requests are forwarded to the appropriate magistrate, who is then empowered to subpoena witnesses and collect evidence in accordance with established legal standards. Importantly, this process includes mechanisms for ensuring that the rights and privileges of witnesses are protected.
The Bill also imposes real legal consequences for non-compliance. Individuals who fail to appear after being subpoenaed, refuse to testify, or give false evidence may be prosecuted under newly inserted offences, with penalties equivalent to those applicable in similar domestic contexts. These provisions align with the overall objective of the Bill: to take international cooperation seriously, while enforcing accountability and legal certainty within South Africa’s borders.
Further strengthening the administrative and support structures required for successful implementation, the Bill introduces section 31A, which entitles witnesses subpoenaed under the Act to apply for legal aid through Legal Aid South Africa. This ensures that persons required to give evidence are not unfairly prejudiced due to financial constraints. In addition, the Bill amends section 27 to empower the President to enter into cooperation agreements with international criminal entities, allowing for the enforcement of orders, sentences, or broader mutual assistance frameworks. It also clarifies that foreign restraint orders, once overturned in their jurisdiction of origin, must be set aside in South Africa, thereby ensuring consistency and legal reciprocity.
The development of the Bill followed a consultative process involving multiple key stakeholders, including the Extradition Committee, the Department of Justice and Constitutional Development, the National Prosecuting Authority, SAPS, and the Department of International Relations and Cooperation. The Bill was reviewed and supported by the Justice, Crime Prevention and Security (JCPS) Directors-General Cluster, and the Global and Continental Affairs Committee, before being published for public comment in line with legislative best practice.
Importantly, the Bill has no financial implications of material concern to the State. The cost of administering the provisions is limited to routine expenses associated with legal proceedings, such as witness fees and basic administrative processing.
In conclusion, the International Co-operation in Criminal Matters Amendment Bill, 2025 represents a responsible and forward-looking effort to ensure South Africa’s legal system remains aligned with global standards in criminal justice cooperation. It does not overhaul the existing legal order, but rather builds upon it with measured, constitutionally sound enhancements. It is an affirmation that South Africa, as a member of the international community, takes seriously its role in upholding the rule of law across borders while continuing to safeguard the rights and interests of those within its own jurisdiction.
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