Namibia will be able to extradite individuals at the request of another state, even if their conviction was obtained in their absence.

This is, however, subject to the successful passage of the Extradition Amendment Bill.

The proposed amendment, as advocated for by the Minister of Justice, Yvonne Dausab, aims to address certain provisions in the existing Extradition Act and improve international cooperation on extradition matters.

Minister Dausab emphasised the need for this amendment, which stems from the Mutual Evaluation Report, adopted during the Financial Action Task Force and the Eastern and Southern Africa Anti-Money Laundering Group's 22nd Council of Ministers last year.

The amendment focuses on Section 5 of the Extradition Act of 1996, which currently hinders the extradition of individuals who have been convicted in absentia.

The reviewers found this provision to be a practical challenge as it prevents Namibia from extraditing individuals to foreign countries or requesting states when their conviction occurred in their absence.

This situation commonly arises when an individual attends pretrial and trial proceedings in the requesting state but absconds before a conviction or sentence can be imposed.

By amending the existing legislation, Namibia will be able to extradite individuals to requesting states even if their conviction was obtained in their absence without compromising their right to a fair trial.

"This amendment will ensure alignment of Namibian domestic legislation with the UN Conventions on Transnational Organised Crime and Against Corruption, which were ratified by Namibia," said Dausab.

These conventions require Namibia to expedite extradition proceedings and simplify evidentiary requirements for offences covered under the conventions.

Dausab emphasised the importance of international cooperation, particularly in the face of adaptable and boundaryless transnational crimes.

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Daniel Nadunya