The Constitutional Court will hear argument on Thursday on whether South Africa can deport a person who committed a capital offence in Botswana without being assured that the death penalty will not be imposed.
Two men approached the High Court in Johannesburg to prevent the government from extraditing them for trial unless Botswana provided a written assurance that they would not be sentenced to death.
South Africa has abolished the death penalty, but it is still in force in Botswana.
Both men were accused of murdering their partners. One of them has since died.
The high court ruled in their favour, but Home Affairs Minister Nkosazana Dlamini-Zuma and Justice and Constitutional Development Minister Jeff Radebe disputed the finding.
They have filed for leave to appeal to the Constitutional Court.
(source: South Africa Press Agency)