EXTRADITION ACT
(d)
a statement of the maximum punishment for which the person concerned would on conviction be
liable or, if he has already been convicted but not sentenced, the maximum punishment for which
he is liable or, if he has already been convicted and sentenced, the sentence that was imposed on
him and the portion of the sentence, if any, that has been served, as the case may be; and
(e) any other matter or thing which may be provided for in the extradition agreement concerned.
5 Arrest of persons on receipt of requests for extradition
(1) On receipt by the appropriate authority in Zimbabwe of a request for the extradition of a person in
terms of an extradition agreement such appropriate authority shall, subject to the extradition agreement,
submit to a magistrate an authority to proceed together with the warrant of arrest which accompanied the
request.
(2) On receipt of the documents referred to in subsection (1) a magistrate shall endorse the warrant of
arrest and cause it to be executed by a police officer.
(3) A warrant endorsed in terms of subsection (2) 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 endorsed in terms of subsection (2) shall be brought
before a magistrates court as soon as possible.
6 Orders authorizing extradition
(1) Where a person has been brought before a magistrates court in terms of subsection (5) of section
five, the court, if satisfied—
(a) that the person concerned is the person named in the warrant under which he was arrested and that
he is of the nationality specified in the request for extradition; and
(b) that the extradition is not prohibited in terms of this Act or the extradition agreement concerned;
and
(c) in the case of a request for the extradition of a person who is a national of Zimbabwe, that a prima
facie case is established that the person concerned has committed the offence to which the extradition relates or that he has been convicted of the offence concerned and is required to be sentenced
or to undergo any sentence therefor in the foreign country concerned, as the case may be; and
(d) that any other requirement provided for in the extradition agreement has been complied with;
shall, subject to section eight, order that such person be extradited to the foreign country concerned and,
pending such extradition, that he be committed to custody or admitted to bail as the court thinks fit.
(2) Where a court is not satisfied as specified in subsection (1), it shall order the discharge of the person concerned.
(3) Notwithstanding subsections (1) and (2), if a person who has been brought before a magistrates
court in terms of section five consents to his extradition to the foreign country concerned, the court shall
thereupon, without any further inquiry, order that he be extradited to the foreign country concerned and,
pending such extradition, that he be committed to custody or admitted to bail as the court thinks fit.
(4) 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].
7
Appeals against orders authorizing extradition
(1) For the purposes of this section, the reference to any person shall include a reference to the government of the foreign country which made the request for extradition.
(2) Any person who is aggrieved by an order made in terms of section six may, within seven days
thereafter, appeal against the order to the High Court which may, upon such appeal, make such order in
[Chapter 9:08]
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