EXTRADITION ACT
(b)
would constitute an offence punishable in Zimbabwe if the act or omission constituting the offence
took place in Zimbabwe or, in the case of an extra-territorial offence, in corresponding circumstances outside Zimbabwe.
15 General restrictions on extradition in terms of Part III
No extradition to a designated country shall take place in terms of this Part—
(a) if the grant of the request for extradition would conflict with the obligations of Zimbabwe in terms
of any international convention, treaty or agreement; or
(b) if the offence for which the extradition is requested is an offence of a political character:
Provided that notwithstanding that an offence is of a political character extradition may be granted in respect thereof if it—
(i) is directed against the life or person of the Head of State or Government of any designated
country; or
(ii) involves hi-jacking of a vehicle, vessel or aircraft;
or
(c) if the request for extradition, though purporting to be made for some other purpose, is in fact made
for the purpose of prosecuting or punishing the person concerned on account of his race, colour, religion, nationality or political opinions; or
(d) if the person concerned would, if charged in Zimbabwe with the offence for which his extradition is
sought, be entitled to be discharged on the grounds of a previous acquittal or conviction; or
(e) unless the law of the designated country concerned makes provision, or it has been arranged with
the government of that country, that the person extradited will not be dealt with in respect of any
offence other than—
(i) an offence for which the extradition is granted, or any lesser offence proved by the facts on
which the extradition is granted; or
(ii) an offence committed after he has been extradited;
unless he has been given a prior opportunity of returning to Zimbabwe or departing form the
designated country to some other country:
Provided that, subject to this Part, the Minister may consent to the government of the designated
country concerned surrendering to another country a person extradited from Zimbabwe, where the
surrender is in respect of an offence committed by the person prior to his extradition from Zimbabwe; or
(f) if the act or omission in respect of which the extradition is requested constitutes—
(i) an offence against discipline under military law but not under the ordinary criminal law of
Zimbabwe; or
(ii) an offence against a law relating to the performance of obligations of a military character;
or
(g) for any other reason which the Minister, having regard to the national interest of Zimbabwe,
considers sufficient.
16 Requests for extradition and arrest of persons
(1) Subject to section twenty-four, a request for extradition to a designated country in terms of this Part
shall be submitted through channels to the Minister and shall be accompanied by—
(a) a warrant for the arrest of the person concerned specifying and giving particulars of the offence in
respect of which his extradition is sought; and
(b) such evidence as would establish a prima facie case in a court of law in Zimbabwe that the person
concerned has committed or has been convicted of the offence concerned in the designated country:
Provided that, if the order declaring the country concerned to be a designated country in terms of
section thirteen so provides, the request may be accompanied by a record of the case in respect of
the offence concerned, containing the particulars and documents referred to in subsection (2), and
accompanied by—
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[Chapter 9:08]