EXTRADITION ACT
the magistrate making such order may direct that the property be handed over to the appropriate authorities of the foreign country or designated country concerned on condition that it is returned to Zimbabwe
at the conclusion of the proceedings relating to the offence in respect of which the extradition is sought.
32 Evidence
(1) In any proceedings in terms of this Act, any document which is duly authenticated and which purports to be—
(a) a warrant of arrest which has been issued by a judicial officer or other competent official; or
(b) a record, certified by a judicial or other competent official, of a conviction by a court or tribunal in
any country against any person; or
(c) a record, certified by a judicial or other competent official, of any sentence imposed upon any
person following upon his conviction by any court or tribunal in any country; or
(d) a statement, made by a judicial or other competent official, of the portion of a sentence, if any,
already served by a person who has been convicted and sentenced by a court or tribunal in any
country; or
(e) a statement, made by a judicial or other competent official, of the law of any foreign country and of
the maximum penalties for any offence against such law; or
(f) a deposition, sworn statement or affirmation which has been made, sworn or affirmed by any
person; or
(g) a record of a case submitted in terms of the proviso to paragraph (b) of subsection (1) of section
sixteen; or
(h) a certificate of an Attorney-General accompanying a record of a case submitted in terms of the
proviso to paragraph (b) of subsection (1) of section sixteen;
shall, if such document purports to have been issued, certified, made, sworn or affirmed, as the case may
be, in a country with which an extradition agreement has been entered into or a designated country, be
admissible on its mere production by any person as prima facie evidence of the facts stated therein.
(2) A document referred to in subsection (1) shall be duly authenticated for the purposes of that subsection if it purports to be authenticated by the signature of a judicial or other competent official and to
have been sealed or stamped with the official seal or stamp of a Minister of the foreign country or designated country concerned.
(3) A document purporting to be—
(a) a warrant or authority issued or given by the Minister in terms of this Act; or
(b) a certificate of the Registrar-General of Citizenship of Zimbabwe certifying that any person is or is
not, according to his records, a citizen of Zimbabwe; or
(c) a record of any proceedings held in Zimbabwe for the purposes of this Act;
shall, on its mere production by any person, be admissible in evidence in any proceedings in terms of this
Act as prima facie proof of the facts stated therein.
33 Discharge from extradition
(1) If any person in custody awaiting his extradition in terms of this Act is still in custody after the
expiry of a period of two months beginning with the first day on which he could in terms of this Act have
been extradited, he may apply to the High Court for his discharge from custody.
(2) If upon application made in terms of subsection (1) the High Court is satisfied that reasonable notice of the proposed application has been given to the Minister it shall, unless good cause to the contrary
is shown, order that the applicant be forthwith discharged.
34 Regulations and rules of court
(1) The Minister may make regulations providing for all matters which by this Act are required or
permitted to be prescribed or which, in his opinion, are necessary or convenient for the better carrying
out or giving effect to this Act.
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