Chang could be flown to the US “within a few days” – Thomashausen

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Chang could be flown to the US “within a few days” – Thomashausen

7:33 CAT | 21 Dec 2022

André Thomashausen: "It is quite possible that [Chang] may go to the United States within a few days."

With the dismissal of Mozambique’s application for leave to appeal against Manuel Chang’s extradition to the US, South Africa leaves the timing of the next step in the hands of the United States. Andre Thomashausen predicts that extradition could “occur within days”.

Yet another defeat for the Mozambican Attorney General’s Office in South African courts paves the way for the extradition of Manuel Chang to the United States.

The South African Supreme Court of Appeal dismissed the Mozambican government’s application for leave to appeal against the extradition of former finance minister Manuel Chang to the US, in connection with the ‘hidden debts’ case. According to the court order, quoted by Lusa news agency, the South African court ordered on December 8, 2022, that the Mozambican government’s application be dismissed.

With this dismissal, international law expert André Thomashausen expects Chang to be taken swiftly to the United States, before Mozambique files a new appeal to “delay the extradition process”.

DW Africa: How do you interpret this rejection of the Mozambican appeal request?

André Thomashausen (AT): It is merely a technical and procedural decision. It is not material, because the decision for Chang to be extradited to the United States was taken a long time ago. The Mozambican Attorney General’s Office then abused the processes with feints, and managed to delay the execution of the sentence.

READ: Breaking: Mozambique’s application for leave to appeal against Manuel Chang’s extradition to the US dismissed by Supreme Court of Appeal of South Africa

In South Africa, the process provides that appeal is not an automatically granted right, but authorization must be sought in order to lodge an appeal. That application [for leave to appeal] before the court that made the decision of substance, the material decision, had already been rejected a long time ago, and now this decision, which has only two lines, without further justification, simply says that, as there is no chance of the success of such an appeal, the authorisation to lodge the appeal is rejected/denied. So, we can say that it is a long-awaited decision.

DW Africa: And can we say that the Mozambican Attorney General ‘s Office no longer has room to, as you said a moment ago, delay this extradition process?

AT: In clear abuse of processes, they could now try to go back to the Constitutional Court again, indicating that they think it is a violation of fundamental rights that there was this refusal of the leave to appeal. But the Constitutional Court has already decided on this matter, has already rejected a direct appeal, and it is clear that it will not decide otherwise. But yes, technically, they can present a document to the Constitutional Court, [to try to delay the process.] But considering that it is the Christmas season and the summer holidays here in South Africa, only by the end of January, 2023, would it be rejected.

READ: Mozambique: Bid to ask S Africa to reconsider appeal against Chang extradition

DW Africa: Even with a new appeal, would Chang be extradited to the US no later than March next year?

AT: Absolutely, at the latest, but it’s quite possible that within a few days he could head to the United States before the Mozambican Mozambican Attorney General’s Office can submit anything. It depends a little on when the United States will be able to provide an agent to accompany Chang to New York; it depends on the organisation of the flight and the logistics of his trip. But he is now ready to head to the United States, and that’s bad news for President Filipe Nyusi, because Chang is the person who could blame Nyusi in the hidden debts lawsuit.

DW Africa: And do you think that the trial of Manuel Chang in the United States of America will reveal the truth that Mozambicans want to know?

AT: It’s a lot in Chang’s hands. That is, Manuel Chang, like any defendant, will have the right to refuse to give a statement. He can simply identify himself and refuse to answer questions. I don’t know if he still has the willpower to do that, after three years of detention, without the slightest sign of solidarity or compassion on the part of his colleagues in the Mozambique Liberation Front (Frelimo), who actually abandoned him in a very difficult and uncomfortable situation, for a person suffering from diabetes.

Here’s South Africa’s Supreme Court of Appeal latest ruling to dismiss Mozambique’s leave to appeal on the extradition battle over Manuel Chang.

Another setback. Will Mozambique go to the apex court? pic.twitter.com/kyEvXw04tJ

— Bayano Valy 🇲🇿 (@BayanoValy) December 20, 2022