EXTRADITION ACT 20 Effecting of extradition in terms of Part III (1) As soon as a person may be extradited in terms of section nineteen, the Minister shall notify the appropriate authority of the designated country concerned of the date on which and the place at which the person concerned will be handed over. (2) If officials of the designated country concerned have not attended at the place and on the date notified in terms of subsection (1) for the purpose of receiving the person concerned and have not, within fifteen days thereafter, made arrangements to the satisfaction of the Minister for receiving him, the Minister shall forthwith by warrant order the release from custody of the person concerned. 21 Reference to Minister (1) A magistrates court, the High Court or the Supreme Court may refer to the Minister the question as to whether or not a request for the extradition of any person has been made in respect of an offence of a political character or as to whether the request for extradition, although it purports to have been made for another purpose, has been made for the purpose of punishing or prosecuting the person concerned on account of his political opinions. (2) If, upon a reference to him in terms of subsection (1), the Minister— (a) is satisfied that the offence concerned is one of a political character or that the request for extradition has been made for the purpose of punishing or prosecuting the person concerned on account of his political opinions, he shall forthwith by warrant order the release from custody of the person concerned; (b) is not satisfied as mentioned in paragraph (a), he shall remit the proceedings to the magistrates court, the High Court or the Supreme Court, as the case may be, to be proceeded with according to law. (3) A decision of the Minister in terms of subsection (2)— (a) to remit the matter to a magistrates court, the High Court or the Supreme Court, shall not be construed as derogating from the right of the court itself to determine the questions referred to in subsection (1); (b) to order the release from custody of a person, shall be final and not subject to appeal or review by any court. (Section as amended by s. 10 of Act No. 9 of 1997) 22 Extradition of persons to Zimbabwe from designated countries Where a person is extradited to Zimbabwe from a designated country, such person shall not be prosecuted or punished for any offence other than— (a) an offence for which he was extradited, or any lesser offence proved by the facts on which the extradition was granted; or (b) an offence committed after he has been extradited; unless he has been given a prior opportunity of returning to the designated country concerned or departing from Zimbabwe to some other country. 23 Transit of persons through Zimbabwe (1) A request for permission to effect the transit through Zimbabwe of a person who is being extradited from a foreign country to a designated country shall be submitted through diplomatic channels to the Minister. (2) Upon receipt of a request in terms of subsection (1) the Minister may grant an authority to a magistrate to issue or to endorse a warrant and such warrant shall be sufficient authority throughout Zimbabwe for the arrest and detention of the person named therein for the purposes of his transit through Zimbabwe. 24 Backing of warrants in terms of Part III (1) Where the Minister is satisfied that reciprocal provision is or will be made in the law of a designated country for the backing of warrants issued in Zimbabwe and the execution of those warrants for the [Chapter 9:08] 666