(b)
(c)
(d)
(e)
unless the person has left the foreign country or has had the opportunity to leave the foreign country but
has remained in that country otherwise than for the purposes of giving evidence in the proceedings to
which the request relates; and
that any evidence given by the person in the proceedings to which the request relates shall be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against a law of
the foreign country other than the offence of perjury in relation to the giving of that evidence; and
that the person shall be returned to Zimbabwe in accordance with arrangements agreed by the AttorneyGeneral; and
in a case where the person is being held in custody in Zimbabwe and the Attorney-General requests the
foreign country to make arrangements for the keeping of the person in custody while the person is in the
foreign country—
(i) the making of appropriate arrangements for that purpose; and
(ii) that the person will not be released from custody in the foreign country unless the AttorneyGeneral notifies an appropriate authority of the foreign country that the person is entitled to be
released from custody under the law of Zimbabwe; and
(iii) if the person is released in the foreign country in terms of subparagraph (ii), that the person’s
accommodation and other expenses pending the completion of the proceedings to which the request relates shall be paid for by the foreign country; and
such other matters as the Attorney-General thinks appropriate.
[Subsection as inserted by section 5 of Act 12 of 1997]
(4) Where a person has been notified that the Attorney-General has made or is about to make arrangements
in terms of subsection (1) or (2) for him to travel to a foreign country for the purpose of giving evidence, and the
person has not consented to give evidence there, he may appeal to the High Court against the Attorney-General’s
decision, and the High Court may make such order in the matter as it thinks just.
[Subsection as inserted by section 5 of Act 12 of 1997]
(5) An appeal in terms of subsection (4) shall be made within the time and in the manner prescribed in rules
of court.
25 Requests for assistance in relation to investigations in foreign countries
(1) Where—
(a) an investigation relating to a criminal matter has commenced in a foreign country; and
(b) the appropriate authority of the foreign country requests the removal of a prisoner who is in Zimbabwe
to the foreign country for the purpose of giving assistance in relation to the investigation; and
(c) there are reasonable grounds to believe that the prisoner is capable of giving assistance in relation to the
investigation; and
(d) the Attorney-General is satisfied that—
(i) the prisoner has consented to being removed to the foreign country for the purpose of giving
assistance in relation to the investigation:
Provided that, where the statutory instrument under section three that applies the provisions
of this Act to the foreign country provides that attendance in response to such a request shall be
compulsory, the person’s consent need not be obtained; and
[Proviso inserted by section5 of Act 12 of 1997]
(ii) the foreign country has given adequate undertakings in respect of the matters referred to in
subsection (3);
the Attorney-General may, after consultation with the Minister, direct that the prisoner be released from prison for
the purpose of travelling to the foreign country to give assistance in relation to the investigation and shall make
arrangements for the travelling of the prisoner to the foreign country in the custody of a police or prison officer
designated by the Attorney-General for the purpose.
(2) Where—
(a) an investigation relating to a criminal matter has commenced in a foreign country; and
(b) the appropriate authority of the foreign country requests that a person in Zimbabwe who is not a prisoner, travel to the foreign country to give assistance in relation to the investigation; and
(c) there are reasonable grounds to believe that the person is capable of giving assistance in relation to the
investigation; and
(d) the Attorney-General is satisfied that—
(i) the person has consented to travel to the foreign country for the purpose of giving assistance in
relation to the investigation:
Provided that, where the statutory instrument under section three that applies the provisions
of this Act to the foreign country provides that attendance in response to such a request shall be
compulsory, the person’s consent need not be obtained; and
[Proviso inserted by section5 of Act 12 of 1997]