1. (aa)Yes, the Department of International Relations and Cooperation has taken steps in an effort to stop the execution of the South African citizen in Malaysia. The Minister wrote a personal letter to her Malaysian counterpart in which she requested the Malaysian Government to reconsider the death penalty handed down and to commute the sentence to an appropriate prison sentence.
(bb) No, the Department of International Relations and Cooperation have not taken steps to secure a transfer or exchange agreement with the government of Malaysia. The mandate to consider entering into such agreements falls within the ambit of the Department of Justice and Correctional Services.
(2) The position of Government is that South Africa has abolished the death penalty and that the South African Constitution does not mete out capital punishment and that the Minister of International Relations and Cooperation should therefore, in instances of South African citizens who receive death sentences in foreign states, approach her counterpart in that state and request the foreign state to reconsider the death penalty handed down and to commute the sentence to an appropriate prison sentence. The outcome of the subsequent decision by the other sovereign state needs to be respected irrespective of South Africa’s position.