EXPLAINER | What Tshuma’s guilty plea means for his UK extradition

Ndodana Tshuma’s guilty plea in South Africa has raised questions about what happens next, particularly whether he can now be extradited to the UK to face the serious charges awaiting him there or serve his sentence here first.

Tshuma allegedly killed his wife and two daughters in the UK, then fled to South Africa, entering illegally and later obtaining a gun and ammunition illegally. He pleaded guilty to those charges, and an extradition process has been approved for him to face the murder charges in the UK.

However, does South Africa have to conclude its case before he can be extradited?

According to Wits Law Clinic’s Prof Stephen Tuson, while Tshuma may have pleaded guilty, it does not necessarily mean he will have to serve his entire sentence in South Africa before being extradited.

“The NPA/minister can decide to allow him to be extradited to the UK, despite his conviction in SA, or the NPA/minister can insist that he first serve out his sentence in SA,” he said.

A plea and sentence agreement could potentially allow for the matter to be finalised quickly, Tuson said.

If Tshuma is eventually extradited, convicted and serves a sentence in the UK, he could still potentially have to return to South Africa

“What usually happens is that the NPA and defence agree upon a plea and sentence agreement, which usually suspends any sentence handed down by the magistrate, on condition that he remains in custody until his extradition to the UK.

“The magistrate must approve the plea and sentence agreement as being ‘in the interests of justice’.”

On the other hand, legal expert Nthabiseng Dubazana said the local matter has to be dealt with before extradition. “In terms of the Extradition Act and case law, the local crime has to be attended to first. The extradition will be postponed until that crime has been dealt with,” she said.

Dubazana said whether Tshuma serves his sentence before extradition would depend on the justice minister. “It is not necessarily the case that he will serve his sentence after conviction. This would depend on the decision of the minister on whether it will be immediate or conditional surrender of the accused person.”

If Tshuma is eventually extradited, convicted and serves a sentence in the UK, he could still potentially have to return to South Africa. “South Africa would have to apply for his extradition back to SA after he has served his sentence in the UK,” Tuson said.

Dubazana said this would depend on the sentence imposed locally. “If the sentence was a suspended sentence then he would have nothing to serve in terms of a sentence,” she said.

“However, if there was a jail term attached to his sentence, then it is likely that should he be released in the UK and travel back here, he would have to face his sentence.”