Pretoria - Shrien Dewani's legal team has lodged an application with the court for leave to appeal his extradition, after the South African government submitted an authenticated copy of its undertaking in compliance with direction of the British High Court.
Dewani is accused of orchestrating the murder of his wife, Anni, while on a honeymoon in Cape Town in 2010, but he's been fighting his extradition ever since.
“They (legal team) have asked the court not to accept our undertaking, alternatively for the court to certify the two legal questions relating to his mental fitness to stand trial as an accused in order for them to approach the UK Supreme Court,” the Department of Justice and Constitutional Development said on Thursday.
The latter, according to spokesperson Mthunzi Mhaga, is equivalent to an application for leave to appeal in the South African legal system.
Chief Justice St John Thomas will hear their application on Monday.
Mhaga says South Africa will likely be arguing in opposition of their application, but still have to consult with British counterparts.
“The SA government respects court processes that have been unfolding so far but equally confident that his return to this country is now inevitable. The wheels of justice will eventually be back in motion in a South African court.”
If his application is dismissed, his last legal avenue is an appeal to the European Court of Human Rights that is based in Strasbourg in France.
There his lawyers will have to argue before 47 judges of the member states of Council of Europe. - SAnews.gov.za
