Page 284 - FIC ANTI MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING LEGISLATION

Chapter 3 I POCDATARA
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(9) The provisions of this section must be exercised subject to the provisions of the Extradition Act, 1962 (Act 67 of 1962).
(10) When a person who is—
(a) not a citizen of the Republic;
(b) not habitually resident in the Republic; or
(c) a stateless person,
is arrested by a member of the South African Police Service or the National Commissioner or the National Head of the Directorate for an alleged contravention of a Convention Offence, the Secretary- General of the United Nations or the government or governments with established jurisdiction must immediately be notified, through the diplomatic channel, of the arrest.
(11) The National Commissioner or the National Head of the Directorate may consider to inform any other interested government about a person in custody and the circumstances which warranted that person’s arrest.
(12) A person referred to in subsection (10) must as soon as possible, upon arrest, be informed of his or her rights to—
(a) request that the relevant government be informed of his or her arrest;
(b) have access to communicate with a consular representative of the relevant government; and
(c) expect that any communication addressed to the relevant consular post about the arrested person is forwarded by the relevant authorities without delay.
16. Consent of National Director to institute proceedings and reporting obligations
(1) No prosecution under Chapter 2 may be instituted without the written authority of the National Director, except in the case of a prosecution under section 13 which is not linked to any other offence under this Act, in which case the written authority of the relevant Director of Public Prosecutions must be obtained before the institution of a prosecution.