Court to rule on whether Stanislav Stamenov’s arrest was unlawful

A Bulgarian man wanted by Interpol is expected in the Wynberg Magistrates Court on Tuesday, where a ruling will be made on whether his arrest in Cape Town was lawful.

Stanislav Stamenov was arrested nearly two weeks ago after an Interpol red notice was issued.

He was convicted by a Romanian court in 2019 and sentenced to 16 years in prison for his role in a drug trafficking syndicate.

However, his lawyer, William Booth, is challenging the legality of the arrest, arguing that Romanian authorities did not formally submit an extradition request needed to secure a valid arrest warrant.

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The National Prosecuting Authority (NPA) insists South African police acted within the law when they arrested Stamenov.

Prosecutors said while he may have been in the country for about 16 years, his legal position changed once the arrest was made.

The State is also awaiting formal documents from Romania, which must be submitted within about 40 days before the extradition process can proceed.

The NPA has indicated it will oppose bail if Stamenov applies for release.

The magistrate is expected to deliver her ruling following submissions from both the defence and the State.