EXTRADITION ACT be sentenced or to undergo any sentence therefor in the designated country concerned, as the case may be; shall, subject to section nineteen, order that such person be extradited to the designated country concerned and, pending such extradition, that he be committed to custody or admitted to bail as the court thinks fit. (2) Where a court is not satisfied as specified in subsection (1), it shall order the discharge of the person concerned. (3) Notwithstanding subsections (1) and (2), if a person who has been brought before a magistrates court in terms of subsection (8) of section sixteen consents to his extradition to the designated country concerned, the court shall thereupon, without any further inquiry, order that he be extradited to the designated country concerned and, pending such extradition, that he be committed to custody or admitted to bail as the court thinks fit. (4) Subject to this Act, in any proceedings in terms of this section, a magistrates court shall receive evidence in the same manner, and shall have the same powers, including the power to remand and to admit a person to bail, as if the proceedings were a preparatory examination held in terms of the Criminal Procedure and Evidence Act [Chapter 9:07]. 18 Appeals to High Court (1) Any person, including the government of the designated country concerned, who is aggrieved by an order made in terms of section seventeen may, within seven days thereafter, appeal against the order to the High Court which may, upon such appeal, make such order in the matter as it thinks the magistrate ought to have made (Subsection as amended by s. 10 of Act No. 9 of 1997). (2) In addition to the jurisdiction conferred upon it in terms of subsection (1), in any appeal in terms of that subsection the High Court may direct the discharge of the person whose extradition has been ordered if the High Court is of the opinion that, having regard to all the circumstances of the case, it would be unjust or oppressive to extradite such person— (a) by reason of the trivial nature of the offence concerned; or (b) by reason of the lapse of time since the commission of the offence concerned or since the person concerned became unlawfully at large, as the case may be; or (c) because the accusation against the person concerned is not made in good faith in the interests of justice; or (d) by reason of the state of health or other personal circumstances of the person concerned. (Subsection as amended by s. 10 of Act No. 9 of 1997) (3) An appeal referred to in this section shall be dealt with as a matter of urgency and shall be afforded as much priority as possible. 19 When extradition in terms of Part III may be effected A person shall not be extradited in compliance with an order made in terms of section seventeen— (a) except where— (i) he has consented to his extradition; or (ii) he has, in writing, waived his right of appeal in terms of section eighteen; or (iii) if he has noted an appeal in terms of section eighteen, such appeal is dismissed or abandoned; or (iv) if he has not noted an appeal in terms of section eighteen, the time for making such appeal has lapsed; or (b) if the Minister has ordered the person concerned to be discharged in terms of section twenty-one. 665 [Chapter 9:08]