The Constitutional Court will hand down judgment on South Africa's extradition law when it sits on Thursday.

David van Rooyen and Laura Brown, who are implicated in a stem cell medical cure scam, and alleged drug dealer Nello Quagliani are wanted in the USA to face charges.

South Africa also wants to extradite Steven Goodwin from the USA to face fraud charges relating to the collapse of Fidentia Asset Management.

During the hearing on the matter in August, the court heard submissions on South Africa's extradition agreement with the USA.

It was argued that the extradition agreement was not incorporated into South African law under the Constitution and so was not enforceable as part of South African law.

The treaty which agreed to extradition was not tabled as legislation, but served in the form of a motion which was accepted on 3 November, 2000. It was then signed into force by late acting foreign affairs minister Steve Tshwete, the court heard.

Legal teams also submitted that Parliament did not have a proper mandate from the delegates of the National Council of Provinces to do this.

However, the lawyer for the National Assembly Speaker said all parties agreed on the approval of the treaty, with no abstentions or dissentions.

Section 231(4) of the Constitution states: "Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament."

The main issue is whether the agreement is self-executing.

The ruling could have an impact on attempts to extradite businessman John Stratton from Australia in connection with the investigation into the murder of mining entrepreneur Brett Kebble.

Sapa