Will Shrien Dewani ever be ext

Will Shrien Dewani ever be extradited?

Murder accused Shrien Dewani could spend up to ten years fighting his extradition in UK courts, or by appealing to the European Court of Human Rights.

Will Shrien Dewani ever be ext

Last week the Westminster Magistrate’s Court finally ruled that Shrien Dewani should be extradited to face trial in Cape Town. However, the court’s verdict is unlikely to be enforced in the near future as Dewani is expected to try to profit from the multiple options envisaged by the British and European judicial systems.

Dewani “has further legal remedies available to him, including applying to the Administrative Court for a certificate on a point of law of general public importance. Mr Dewani has fourteen days within which he must apply for this certificate,” said South African Justice Minister Jeff Radebe in a statement.

The Westminster Magistrate’s Court ruling followed a long battle by South African authorities to have Dewani extradited. The 33-year-old British businessman is accused of masterminding the murder of his wife while they honeymooned in South Africa in November 2010. Anni Dewani’s body was found in an abandoned tour vehicle in Gugulethu, Cape Town. The murder was initially thought to be a hi-jacking gone wrong.

“Should he choose not to apply for a certificate he must be extradited to South Africa within 28 days of the expiration of the fourteen days. If Mr Dewani does apply for a certificate then his return to South Africa will be delayed and this will be influenced by a number of factors, including whether he succeeds in obtaining a certificate and whether he ultimately obtains leave to appeal to the Supreme Court,” Radebe added.

SA plane

Extradition law expert advocate Anton Katz SC said a prediction that Dewani would be returned to South Africa to face trial in a few months or a year was “optimistic”. Yet, it’s very likely that Dewani will try to make the best out of the lengthy judicial praxis. Should the appeal to the High Court fail, he could still resort to the United Kingdom Supreme Court; and if granted that appeal, it could take another year before a clear-cut verdict is pronounced. At this point he would still have a further right of appeal to the European Court of Human Rights, which could take anything between five to ten years.

Dewani’s is fiercely fighting his extradition on the grounds of poor mental health and concerns over his safety within the South African jail system. Meanwhile, his alleged accomplices – Xolili Mngeni, Zola Tongo and Mziwamadoda Qwabe – have admitted to the crime and have already received sentences ranging from 18 years in prison to life.