(ii) the foreign country has given adequate undertakings in respect of the matters referred to in
subsection (3);
the Attorney-General may make arrangements for the travelling of the person to the foreign country.
(3) The matters in relation to which undertakings are to be given by a foreign country for the purposes of a
request that a person be removed to, or travel to, the foreign country for the purpose of giving assistance in relation to an investigation shall be—
(a) that the person shall not—
(i) be detained, prosecuted or punished for any offence against the law of the foreign country that is
alleged to have been committed, or that was committed, before the person’s departure from Zimbabwe; or
(ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to
have occurred before the person’s departure from Zimbabwe; or
(iii) be required to give evidence in any proceedings in the foreign country;
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 purpose of giving assistance in relation to the investigation to which the request relates; and
(b) that the person shall be returned to Zimbabwe in accordance with arrangements agreed by the Atto rneyGeneral; and
(c) 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 shall 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 investigation to which the request relates shall be paid for by the foreign country; and
(d) such other matters as the Attorney-General thinks appropriate.
(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 assistance, and the
person has not consented to give assistance 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 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.
[Subsection inserted by section 5 of Act 12 of 1997]
26 Effect of removal to foreign country on prisoner’s term of imprisonment
Where a prisoner who is serving a term of imprisonment for an offence against the law of Zimbabwe is released from prison pursuant to a request by the appropriate authority of the foreign country under section twentyfour or twenty-five, the prisoner shall, while in custody in connection with the request, including custody outside
Zimbabwe, be deemed to be continuing to serve that term of imprisonment.
PART V
C USTODY OF PERSONS IN T RANSIT
27 Transit
(1) Where—
(a) a person is to be transported in custody from a foreign country through Zimbabwe to another foreign
country for the purposes of giving evidence in proceedings or giving assistance in relation to an investigation relating to a criminal matter in the other foreign country; and
(b) at least one of those foreign countries is a foreign country to which this Act applies;
the person may be transported through Zimbabwe in the custody of another person and, if an aircraft, vehicle or
train by which the person is being transported lands or calls at a place in Zimbabwe, shall be kept in such custody
as the Attorney-General, after consultation with the Minister, directs in writing until his transportation is continued.
(2) Where a person is being held in custody pursuant to a direction in terms of subsection (1) and the pe rson’s transportation is not, in the opinion of the Attorney-General, continued within a reasonable time, the Attorney-General may direct that the person be transported in custody to the foreign country from which the person was
first transported.
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