EXTRADITION ACT
purposes of extradition in the designated country, he may, by order in a statutory instrument, declare that
this section shall apply in relation to such designated country.
(2) Where a warrant has been issued in a designated country to which this section applies and such
warrant is produced to a magistrate in Zimbabwe, such magistrate may, if satisfied that—
(a) the warrant was issued by a person having lawful authority to issue it; and
(b) it specifies particulars of the offence concerned; and
(c) it is accompanied by the matters referred to in paragraphs (b) and (c) of subsection (1) of section
sixteen;
endorse such warrant for execution.
(3) A warrant endorsed in terms of subsection (2) shall be executed by a police officer and shall be
sufficient authority throughout Zimbabwe for the arrest and detention of the person named therein for the
purposes of this Act.
(4) 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 (2).
(5) A person arrested on the authority of a warrant which has been endorsed in terms of subsection (2)
shall be brought before a magistrates court as soon as possible and this Act shall apply, mutatis mutandis,
in respect of that person as if he had been arrested following upon a request for his extradition being
made to the Minister in terms of section sixteen.
25 Provisional arrest
(1) In this section—
“provisional warrant” means a provisional warrant issued in terms of subsection (4).
(2) Notwithstanding section sixteen, a request for the provisional arrest of a person in respect of whom
it is intended to make a request for extradition to a designated country may be submitted to the Minister.
(3) If the Minister, on receipt of a request in terms of subsection (2), is satisfied that such course is
warranted in the circumstances, he may submit an authority to a magistrate to issue a provisional warrant
for the arrest of the person concerned.
(4) On receipt of an authority referred to in subsection (3) a magistrate shall issue a provisional warrant for the arrest of the person concerned.
(5) A provisional warrant shall be executed by a police officer and shall be sufficient authority
throughout Zimbabwe for the arrest and detention of the person named therein for the purposes of this
section.
(6) A person arrested in terms of a provisional warrant shall be brought before a magistrate as soon as
possible and may be remanded by the magistrate, either in custody or on bail, for such period not exceeding fourteen days at any one time as the magistrate may direct.
(7) If a person who has been arrested in terms of a provisional warrant is not arrested in terms of a
warrant issued in terms of section sixteen or twenty-four, as the case may be, within twenty-eight days of
his arrest under the provisional warrant he shall be released from custody.
(8) Sections 34, 35, 36 and 37 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, to a provisional warrant.
667
[Chapter 9:08]