(f) the request relates to the prosecution of a person for an offence in a case where the person has been
acquitted or pardoned by a competent court or authority in the foreign country, or has undergone the
punishment provided by the law of that country, in respect of that offence or of another offence constituted by the same act or omission as that offence; or
(g) except in the case of a request under section eleven, the foreign country is not a country to which this
Act applies.
(2) A request by a foreign country for assistance under this Act may be refused if in the opinion of the Atto rney-General—
(a) the request relates to the prosecution or punishment of a person in respect of an act or omission that, if it
had occurred in Zimbabwe, would not have constituted an offence against the law of Zimbabwe; or
(b) the request relates to the prosecution or punishment of a person in respect of an act or omission that
occurred, or is alleged to have occurred, outside the foreign country and a similar act or omission occurring outside Zimbabwe in similar circumstances would not have constituted an offence against the law
of Zimbabwe; or
(c) the request relates to the prosecution or punishment in respect of an act or omission where, if it had
occurred in Zimbabwe at the same time and had constituted an offence against the law of Zimbabwe, the
person responsible could no longer be prosecuted by reason of lapse of time or any other reason; or
(d) the provision of the assistance could prejudice an investigation or proceedings in relation to a criminal
matter in Zimbabwe; or
(e) the provision of the assistance would, or would be likely to, prejudice the safety of any person, whether
in or outside Zimbabwe; or
(f) the provision of the assistance would impose an excessive burden on the resources of Zimbabwe.
7 Assistance may be conditional
Assistance in terms of this Act may be provided to a foreign country subject to such conditions as the Attorney-General may determine.
8 Request by Zimbabwe
Any request by Zimbabwe for assistance in any criminal matter in terms of this Act shall be made by the AttorneyGeneral.
9 Request for assistance by foreign country
(1) A request by the appropriate authority of a foreign country for assistance in a criminal matter shall be
made to the Attorney-General.
(2) A request made in terms of subsection (1) shall contain or be accompanied by a document giving the following information—
(a) the name of the authority concerned with the criminal matter to which the request relates; and
(b) a description of the nature of the criminal matter and a summary of the relevant facts and laws; and
(c) a description of the purpose of the request and of the nature of the assistance being sought; and
(d) details of the procedure that the foreign country wishes to be followed by Zimbabwe in giving effect to
the request, including details of the manner and form in which any information, document or thing is to
be supplied to the foreign country pursuant to the request; and
(e) the wishes of the foreign country concerning the confidentiality of the request and the reasons for those
wishes; and
(f) details of the period within which the foreign country wishes that the request be complied with; and
(g) if the request involves a person travelling from Zimbabwe to the foreign country, details of allowances
to which the person will be entitled and of the arrangements for accommodation for the person, while
the person is in the foreign country pursuant to the request; and
(h) any other information required to be included with the request under a treaty or other arrangement
between Zimbabwe and the foreign country; and
(i) any other information that may assist in giving effect to the request;
but failure to comply with this subsection shall not be a ground for refusing the request.
PART II
A SSISTANCE IN RELATION TO TAKING OF EVIDENCE AND P RODUCTION OF D OCUMENTS OR OTHER ARTICLES
10 Request by Zimbabwe
The Attorney-General may request an appropriate authority of a foreign country to arrange for—
(a) evidence to be taken in the foreign country; or
(b) documents or other articles in the foreign country to be produced;
for the purposes of proceedings in relation to a criminal matter in Zimbabwe.