22 Escaping
(1) Any person who escapes from lawful custody while in Zimbabwe pursuant to a request in terms of section fourteen shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding two
years.
(2) Sections 99 and 100 of the Prisons Act [Chapter 7:11] shall apply, mutatis mutandis, as if a reference in
those sections to custody in respect of any offence against the law of Zimbabwe were a reference to custody while
in Zimbabwe pursuant to a request in terms o f section fourteen.
23 Arrest of person who has escaped from custody
(1) Any police officer may, without warrant, arrest a person, if the police officer has reasonable grounds to
believe that the person—
(a) has been brought to Zimbabwe pursuant to a request in terms of section fourteen; and
(b) has escaped from lawful custody while in Zimbabwe pursuant to the request.
(2) A person who has been arrested in terms of subsection (1) shall be returned to custody.
24 Requests for giving of evidence at hearings in foreign countries
(1) Where—
(a) proceedings relating to a criminal matter have commenced in a foreign country; and
(b) the appropriate authority of the foreign country requests the attendance at a hearing in connection with
the proceedings of a prisoner who is in Zimbabwe; and
(c) there are reasonable grounds to believe that the prisoner is capable of giving evidence relevant to the
proceedings; and
(d) the Attorney-General is satisfied that—
(i) the prisoner has consented to giving evidence in the foreign country:
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 prisoner’s consent need not be obtained; and
[Proviso inserted by section 5 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 evidence at the proceedings 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) proceedings relating to a criminal matter have commenced in a foreign country; and
(b) the appropriate authority of the foreign country requests the attendance at the proceedings of a person in
Zimbabwe who is not a prisoner; and
(c) there are reasonable grounds to believe that the person is capable of giving evidence relevant to the
proceedings; and
(d) the Attorney-General is satisfied that—
(i) the person has consented to giving evidence in the foreign country:
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 section 5 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 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 give evidence in the foreign country 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, or that occurred, before the person’s departure from Zimbabwe; or
(iii) be required to give evidence in any proceedings in the foreign country other than the proceedings to which the request relates;