Extradition Act (Chapter 9:08)

Chapter 9:08

Extradition Act

Acts 6/1982, 4/1990, 23/1990; 9/1997 (s. 10).

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

PART II
EXTRADITION INTERMSOFEXTRADITION AGREEMENTS

3. Extradition agreements.
4. Requests for extradition.
5. Arrest of persons on receipt of requests for extradition.
6. Orders authorizing extradition.
7. Appeals against orders authorizing extradition.
8. When extradition may be effected.
9. Effecting of extradition.
10. Transit of persons through Zimbabwe.
11. Backing of warrants.
12. Provisional arrest.PART III
    EXTRADITION TO AND FROM DESIGNATED COUNTRIES
13. Declaration of designated countries.
14. Offences to which Part III applies.
15. General restrictions on extradition in terms of Part III.
16. Requests for extradition and arrest of persons.
17. Orders by court authorizing extradition.
18. Appeals to High Court.
19. When extradition in terms of Part III may be effected.
20. Effecting of extradition in terms of Part III.
21. Reference to Minister.
22. Extradition of persons to Zimbabwe from designated countries.
23. Transit of persons through Zimbabwe.
24. Backing of warrants in terms of Part III.
25. Provisional arrest.

26. Bail and legal representation.
27. Retaking and re-extradition of persons.
28. Postponement of extradition.
29. Concurrent requests for extradition.
30. Search warrants.
31. Handing over of property.
32. Evidence.
33. Discharge from extradition.
34. Regulations and rules of court.

PART IV GENERAL

AN ACT to provide for the extradition of persons between Zimbabwe and other countries and for matters incidental to or connected with the foregoing.

1 Short title

This Act may be cited as the Extradition Act [Chapter 9:08]. 2 Interpretation

PART I PRELIMINARY

In this Act—
“designated country” means a foreign country which is declared to be a designated country in terms of section

thirteen;
“extradition agreement” means an extradition agreement entered into in terms of section three;
“Minister” means the Minister of Home Affairs or any other Minister to whom the President may, from time

to time, assign the administration of this Act.
“offence” includes an offence against a law relating to taxation, customs and excise or other revenue matters

or relating to the control of transactions in foreign currency.

PART II
EXTRADITION INTERMSOFEXTRADITION AGREEMENTS

3 Extradition agreements

(1) The Minister may enter into an agreement with the government of any foreign country providing, whether on a basis of reciprocity or otherwise, but subject to this Act and to the obligations of Zimbabwe in terms of any international convention, treaty or agreement for—

1. (a)  the extradition of persons accused or convicted of any offence within Zimbabwe or that foreign country; and
2. (b)  the transit through Zimbabwe of persons who are being extradited to or from any foreign county; and
3. (c)  any matter which, in the opinion of the Minister, is incidental to the matters referred to in paragraph (a)or (b).

(2) An extradition agreement may relate to—

1. (a)  any offences whatsoever, whether or not they are offences in both Zimbabwe and the foreign country concerned and whether they were committed before, on or after the date of commencement of the extradition agreement; and
2. (b)  any persons whomsoever, whether or not they are nationals of both Zimbabwe and the foreign country concerned.

(3) Where the Minister has entered into an extradition agreement, he shall cause the extradition agreement to be published in a statutory instrument, and such agreement shall thereupon, subject to subsection (4), have the force of law within Zimbabwe.

(4) Where any extradition agreement is amended or revoked, such revocation or amendment shall be published in a statutory instrument and shall thereupon have the force of law in Zimbabwe.

4

Requests for extradition

(1) A request for extradition in terms of an extradition agreement shall be submitted to the appropriate authority in Zimbabwe in the manner provided for in the extradition agreement.

(2) A request for extradition in terms of an extradition agreement shall be accompanied by—

1. (a)  a warrant for the arrest of the person concerned specifying and giving particulars of the offence in respectofwhich his extradition is sought; and
2. (b)  a description of the person concerned together with such information as would help to establish his identityand nationality; and
3. (c)  in the case of a person who is a national of Zimbabwe, such evidence as would establish a prima faciecase in a court of law in Zimbabwe that the person concerned has committed or has been convicted of theoffence concerned in the foreign country; and
4. (d)  a statement of the maximum punishment for which the person concerned would on conviction be liableor, if he has already been convicted but not sentenced, the maximum punishment for which he is liable or, if he has already been convicted and sentenced, the sentence that was imposed on him and the portion of the sentence, if any, that has been served, as the case may be; and
5. (e)  any other matter or thing which may be provided for in the extradition agreement concerned.

Arrest of persons on receipt of requests for extradition

5

(1) On receipt by the appropriate authority in Zimbabwe of a request for the extradition of a person in terms of an extradition agreement such appropriate authority shall, subject to the extradition agreement, submit to a magistrate an authority to proceed together with the warrant of arrest which accompanied the request.

[Date of commencement: 9th April, 1982.]

(2) On receipt of the documents referred to in subsection (1) a magistrate shall endorse the warrant of arrest and cause it to be executed by a police officer.

(3) A warrant endorsed in terms of subsection (2) shall be sufficient authority throughout Zimbabwe for the arrest and detention of the person named therein for the purposes of this Act.

(4) Sections 34, 35, 36 and 37 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, to a warrant endorsed in terms of subsection (2).

(5) A person arrested on the authority of a warrant endorsed in terms of subsection (2) shall be brought before a magistrates court as soon as possible.
6 Orders authorizing extradition

(1) Where a person has been brought before a magistrates court in terms of subsection (5) of section five, the court, if satisfied—

(a) that the person concerned is the person named in the warrant under which he was arrested and that he is of the nationality specified in the request for extradition; and

(b) that the extradition is not prohibited in terms of this Act or the extradition agreement concerned; and
(c) in the case of a request for the extradition of a person who is a national of Zimbabwe, that a prima facie case is established that the person concerned has committed the offence to which the extradition relates or that he has been convicted of the offence concerned and is required to be sentenced or to undergo any

sentence therefor in the foreign country concerned, as the case may be; and
(d) that any other requirement provided for in the extradition agreement has been complied with; shall, subject

to section eight, order that such person be extradited to the foreign 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 section five consents to his extradition to the foreign country concerned, the court shall thereupon, without any further inquiry, order that he be extradited to the foreign 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].
7 Appeals against orders authorizing extradition

(1) For the purposes of this section, the reference to any person shall include a reference to the government of the foreign country which made the request for extradition.

(2) Any person who is aggrieved by an order made in terms of section six 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 or such other order as may be provided for in the extradition agreement concerned.

(Subsection as amended by s. 10 of Act No. 9 of 1997)

(3) Subsection (2) shall not derogate from the right of any person to make such other appeal or application against or in respect of an extradition as may be provided for in the extradition agreement concerned.

(4) An appeal or application referred to in this section against or in respect of an extradition shall be dealt with as a matter of urgency and shall be afforded as much priority as is possible.
8 When extradition may be effected

(1) A person shall not be extradited in compliance with an order made in terms of section six except where— (a) he has consented to his extradition; or

2. (b)  he has, in writing, waived his right of appeal in terms of section seven and his right of appeal, if any, interms of the extradition agreement concerned; or
3. (c)  if he has noted an appeal in terms of section seven or in terms of the extradition agreement concerned,such appeal is dismissed or abandoned; or
4. (d)  if he has not noted an appeal in terms of section seven or in terms of the extradition agreement concerned,the time for making such appeal has lapsed.

(2) For the purposes of subsection (1), a right of appeal in relation to an extradition agreement shall include a

right to make any application against or in respect of an extradition as may be provided for in the extradition agreement.
9 Effecting of extradition

(1) As soon as a person may be extradited in terms of section eight the appropriate authority in Zimbabwe shall notify the appropriate authority of the foreign country concerned of the date on which and the place at which the person concerned will be handed over.

(2) If the officials of the foreign country concerned have not attended at the place and on the date notified in terms of subsection (1) for the purpose of receiving the person concerned and have not, within fifteen days thereafter, made arrangements to the satisfaction of the appropriate authority in Zimbabwe for receiving him, the Minister shall forthwith, by warrant, order the release from custody of the person concerned.
10 Transit of persons through Zimbabwe

(1) A request for permission, in terms of an extradition agreement, to effect the transit through Zimbabwe of a person who is being extradited from one foreign country to another shall be made to the appropriate authority in Zimbabwe in terms of the extradition agreement concerned.

(2) Upon receipt of a request in terms of subsection (1), the appropriate authority in Zimbabwe shall issue or endorse a warrant authorizing the transit through Zimbabwe of the person concerned as may be provided for in the extradition agreement concerned, and such warrant shall be sufficient authority throughout Zimbabwe for the arrest and detention of the person named therein for the purposes of his transit through Zimbabwe.
11 Backing of warrants

(1) Notwithstanding sections four and five, an extradition agreement may provide for the arrest of a person upon the endorsement by a magistrate in Zimbabwe of a warrant which has been issued in the foreign country concerned, which specifies particulars of the offence concerned and which is accompanied by the matters referred to in paragraphs (b), (c), (d) and (e) of subsection (2) of section four.

(2) A warrant referred to in subsection (1) shall, when endorsed by a magistrate in Zimbabwe, be executed by a police officer and shall be sufficient authority throughout Zimbabwe for the arrest and detention of the person named therein for the purposes of this Act.

(3) A person arrested in terms of a warrant referred to in subsection (1) which has been endorsed by a magistrate shall be brought before the magistrates court as soon as possible and the provisions of this Act shall apply, mutatis mutandis, in respect of that person as if he had been arrested following a request for extradition made to an appropriate authority in Zimbabwe in terms of section four.

12 Provisional arrest

(1) In this section—
“provisional warrant” means a provisional warrant issued in terms of subsection (4).

(2) Notwithstanding sections four and five, an extradition agreement may, subject to this section, provide for the provisional arrest of a person in respect of whom it is intended to make a request for extradition.

(3) On receipt by the appropriate authority in Zimbabwe of a request in terms of an extradition agreement for the provisional arrest of a person, the appropriate authority may, if satisfied that such course is warranted in the circumstances, grant an authority to a magistrate to issue a provisional warrant for the arrest of the person concerned.

(4) On receipt of an authority referred to in subsection (2) a magistrate shall issue a provisional warrant for the arrest of the person concerned.

(5) A provisional warrant shall be executed by a police officer and shall be sufficient authority throughout Zimbabwe for the arrest and detention of the person named therein for the purposes of this section.

(6) A person arrested in terms of a provisional warrant shall be brought before a magistrate as soon as possible and may be remanded by the magistrate, either in custody or on bail, for such period not exceeding fourteen days at any one time as the magistrate may direct.

(7) If a person who has been arrested in terms of a provisional warrant is not arrested in terms of a warrant issued in terms of section five or eleven, as the case may be, within twenty-eight days of his arrest under the provisional warrant he shall be released from custody.

(8) The provisions of sections 34, 35, 36 and 37 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, to a provisional warrant.