The South African Human Rights Commission welcomes the constitutional court judgement in KK Mohamed versus the President of the Republic of South Africa and Six Others that Mohamed’s removal was unconstitutional. Mr. Mohammed, a Tanzanian, is on trial in New York on charges around the bombing of the United States embassy in Kenya, Dar es Salaam in 1998. The FBI traced him to Cape Town where he was living under an assumed name and a false passport. He was arrested by the South African immigration authorities as an illegal immigrant and handed over to the FBI for removal to the United States where the court told him he was facing a death penalty. Mohamed was extradited to the United States without the condition that he would not be executed as the Extradition Act requires before the actual extradition was effected.

This judgement is very significant for our evolving jurisprudence. It affirms the principles of the rule of law and the legality of state action. In a constitutional democracy which prides itself in the Bill Of Rights these principles are crucial in advancing human rights. Notwithstanding the gravity of the alleged criminal action by Mr. Mohamed, the principle of the Bill of Rights requires compliance. Whilst this judgement does not necessarily guarantee that Mr. Mohamed will be spared the death penalty, it sets a principle for future action. It also reaffirms our position on the death penalty as a country. Thus the Human Rights Commission welcomes the judgement by the constitutional court.

Issued by: South African Human Rights Commission, Johannesburg
Date: 29 May 2001

For more information contact:
Phumla Mthala (SAHRC’s Media Officer)
Tel: (011) 484 8300/ 0832883339

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