South Africa

The notion that the detention in custody of the requested person constitutes an indispensable element of extradition proceedings has been abandoned; at the same time, however, where extradition is granted, the surrender of the requested person must still be ensured. Where the requesting State has not submitted any request for provisional arrest, nor indicated any concrete situation of urgency connected with an imminent risk of flight, the Court of Appeal cannot merely assert, in an apodictic manner, the existence of a risk of flight without providing any reasoning as to the circumstances allegedly justifying such risk.