After his appeal was denied, Germany is pursuing the extradition of former Steinhoff CEO Markus Jooste. In Germany, Jooste is charged with two counts of fraud, which carries a maximum sentence of three years in prison. When Jooste failed to appear for the start of his fraud trial, the Oldenburg regional court issued an arrest warrant for him. The warrant was upheld despite his subsequent appeal.
Extradition proceedings are currently underway in collaboration with the Oldenburg public prosecutor’s office, according to a spokesperson for the Oldenburg court. However, due to the formal nature of this process, Isabelle Möllers expects it to take a significant amount of time.
Markus Jooste has remained silent on the ongoing legal proceedings. Möllers stated that no contact has been made with South African authorities thus far, emphasising that the extradition process will be handled by federal authorities.
Legal experts, however, warn that obtaining Jooste’s extradition without his cooperation will be difficult for German authorities. Despite the fact that both Germany and South Africa are signatories to the European Extradition Convention, neither country typically extradites its own citizens.
According to Dr. Julius Hagen, a lawyer at the German law firm Schlun & Elseven, extraditing a South African national to Germany would violate the principle of reciprocity. According to this principle, extradition requests should be reciprocated in similar cases. Hagen emphasised that Germany’s constitution prohibits the extradition of its citizens to non-EU countries, making a similar request from South Africa unlikely. In this scenario, Germany would be asking South Africa for a favour that it would not reciprocate.
Finally, the German authorities are pursuing the extradition of Markus Jooste, who is facing fraud charges. Despite the challenges posed by the principle of reciprocity and the constitutional restrictions on extradition, Germany is moving forward with the prosecution of Jooste. The situation’s complexities highlight the intricate legal considerations involved in cross-border extradition cases.
