EXTRADITION ACT
(i) an affidavit, sworn statement or affirmation of an officer of the investigating authority of the
designated country stating that the record was prepared by him or under his direction and that
the evidence referred to therein has been preserved for use in court; and
(ii) a certificate of the Attorney-General of the designated country stating that, in his opinion, the
record discloses the existence of evidence under the law of the designated country sufficient to
justify a prosecution;
and
(c) a statement of the maximum punishment for which the person concerned would on conviction be
liable or, 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 that sentence, if any, that has already been served, as the case may be.
(2) A record of the case referred to in the proviso to paragraph (b) of subsection (1) shall contain—
(a) particulars of the description, identity, nationality and, if available, the whereabouts of the person
sought; and
(b) particulars of each offence or conduct in respect of which extradition is requested, specifying the
date and place of commission, the legal definition of the offence and the relevant provisions in the
law of the designated country, including a certified copy of any such definition in the written law of
that country; and
(c) the original or a certified copy of any warrant or process issued in the designated country against
the person whom it seeks to have extradited; and
(d) a recital or summary of the evidence acquired to support the request for extradition of the person
sought; and
(e) a certified copy, reproduction or photograph of exhibits or documentary evidence.
(3) Any certification required by subsection (2) may be done by any person in the designated country
concerned who is or holds office as the Attorney-General or a legal practitioner, notary public, commissioner of oaths or commissioned police officer.
(4) Upon receipt of a request in terms of subsection (1) the Minister may, if satisfied that the extradition is not prohibited in terms of this Part, issue to a magistrate an authority to proceed together with the
warrant which accompanied the request for extradition.
(5) On receipt of the documents referred to in subsection (4) the magistrate shall endorse the warrant
and cause it to be executed by a police officer.
(6) A warrant endorsed in terms of subsection (5) shall be sufficient authority throughout Zimbabwe
for the arrest and detention of the person named therein and to detain him for the purposes of this Act.
(7) 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 (5).
(8) A person arrested on the authority of a warrant endorsed in terms of subsection (5) shall be brought
before a magistrates court as soon as possible.
17 Orders by court authorizing extradition
(1) Where a person has been brought before a magistrates court in terms of subsection (8) of section
sixteen the court, if satisfied that—
(a) the person concerned is the person named in the warrant under which he was arrested; and
(b) the extradition is not prohibited in terms of this Act; and
(c) either—
(i) that a prima facie case is established; or
(ii) in a case in which a record of the case has been submitted in terms of the proviso to paragraph
(b) of subsection (1) of section sixteen, that the record of the case indicates, according to the
law of the designated country concerned, that the person concerned has committed the offence
to which the extradition relates or that he has been convicted of such offence and is required to
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