EXTRADITION ACT PART IV GENERAL 26 Bail and legal representation (1) A person who has been arrested for the purposes of extradition in terms of this Act shall have the same right to bail and legal representation as if he were arrested in connection with a criminal offence for which he was to be charged within Zimbabwe. (2) In the absence of a legal practitioner instructed by the government of the foreign country or designated country concerned, in any proceedings in terms of this Act the Attorney-General or any person appointed by him may appear on behalf of that government. 27 Retaking and re-extradition of persons (1) Subject to this Act, in any proceedings in terms of this section, a magistrates court shall receive evidence in the same manner, and shall have the same powers, including the power to remand and to admit a person to bail, as if the proceedings were a preparatory examination held in terms of the Criminal Procedure and Evidence Act [Chapter 9:07]. (2) Where a person, who is in custody in Zimbabwe for the purposes of his extradition in terms of this Act, escapes from such custody, he may be retaken in the same manner and shall be subject to the same penalties as if he were a person in custody in respect of a similar offence committed in Zimbabwe. (3) Where the Minister is satisfied that a person who has been extradited in terms of this Act has returned to Zimbabwe, having by his unlawful act avoided any criminal proceedings or punishment in respect of the offence for which he was extradited, the Minister may issue a certificate to that effect and a magistrate shall, on receipt of such certificate, issue a warrant for the arrest of the person concerned. (4) A warrant issued in terms of subsection (3) shall be sufficient authority throughout Zimbabwe for the arrest and detention of the person named therein for the purposes of this Act. (5) Sections 34, 35, 36 and 37 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, to a warrant issued in terms of subsection (3). (6) A person arrested on the authority of a warrant issued in terms of subsection (3) shall, as soon as possible, be brought before a magistrates court. (7) Where a person has been brought before a magistrates court in terms of subsection (6), the court, if satisfied that— (a) the person who has been brought before it is the person named in the warrant; and (b) the person has previously been extradited to the country concerned in terms of this Act; and (c) proceedings in respect of the offence for which the person was extradited were not completed in the country concerned or, as the case may be, that he has not undergone all the punishment imposed on him in that country in respect of that offence; shall order that the person be extradited to the country concerned and, pending such extradition, that he be committed to custody or admitted to bail as the court thinks fit. (8) Where a court is not satisfied as specified in subsection (7), it shall order the discharge of the person concerned. (9) Where a court has in terms of subsection (7) ordered the extradition of any person to— (a) a foreign country with which an extradition agreement has been entered into, sections seven, eight and nine shall apply, mutatis mutandis, in respect of such person; (b) a designated country, sections seventeen, eighteen, nineteen and twenty shall apply, mutatis mutandis, in respect of such person. 28 Postponement of extradition If, in terms of this Act, a request is received for the extradition of a person against whom criminal proceedings have been instituted in Zimbabwe or who is undergoing any punishment in Zimbabwe in respect of any offence, the Minister may postpone the issue of an authority to proceed in terms of this Act or [Chapter 9:08] 668