Iain Wares, an 85-year-old former teacher accused of multiple sexual offences
By Thabo Mosia
The Constitutional Court of South Africa is set to hear an application on Thursday, 14 February 2025, aiming to halt the extradition of Iain Wares, an 85-year-old former teacher accused of multiple sexual offences in the United Kingdom. 
Background of the Case
Wares faces allegations of sexually and physically abusing numerous boys during his tenure as a teacher in Scotland during the 1960s and 1970s. The UK authorities initiated an extradition request in 2018, leading to his arrest in South Africa in 2019 on charges of libidinous, lewd, and indecent practices and behaviour. 
Legal Proceedings in South Africa
In August 2024, the Western Cape High Court ruled in favour of Wares’ extradition to Scotland to face three of the seven charges brought against him. The court also declared Section 10(1) of the Extradition Act unconstitutional. 
Following this decision, Justice Minister Thambo Simelane approved the extradition. However, Wares has approached the Constitutional Court in an attempt to overturn the High Court’s order, seeking to prevent his extradition to Scotland. 
Domestic Charges
Concurrently, Wares is facing similar charges in South Africa. He is currently on trial at the Wynberg Magistrates’ Court for allegations of sexual abuse during his time as a teacher at Rondebosch Boys’ Preparatory School in the 1980s. 
International Attention
The case has garnered significant international attention, notably from broadcaster Nicky Campbell, who has publicly discussed witnessing and experiencing abuse during his time at Edinburgh Academy, where Wares was a teacher. Campbell has been vocal about seeking justice for the victims and has welcomed the ruling to extradite Wares to Scotland. 
Government’s Stance
The South African Department of Justice and Correctional Services has indicated its intention to oppose any attempts by Wares to appeal his extradition. The department emphasizes the importance of ensuring that individuals accused of serious offences face justice, whether domestically or internationally. 
Upcoming Hearing
The Constitutional Court’s upcoming hearing will be pivotal in determining whether Wares will be extradited to the UK to face the charges against him. Legal experts suggest that the court’s decision could have broader implications for South Africa’s extradition processes and its commitment to international justice.
Public Reaction
The case has elicited strong reactions from the public and advocacy groups. The Economic Freedom Fighters (EFF), a prominent political party in South Africa, has expressed support for the High Court’s decision to extradite Wares, emphasizing the need for justice for the victims. In a statement, the EFF noted, “This landmark decision signifies a crucial victory for justice and the protection of the most vulnerable members of society.”
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