EXTRADITION ACT (i) an affidavit, sworn statement or affirmation of an officer of the investigating authority of the designated country stating that the record was prepared by him or under his direction and that the evidence referred to therein has been preserved for use in court; and (ii) a certificate of the Attorney-General of the designated country stating that, in his opinion, the record discloses the existence of evidence under the law of the designated country sufficient to justify a prosecution; and (c) 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 that sentence, if any, that has already been served, as the case may be. (2) A record of the case referred to in the proviso to paragraph (b) of subsection (1) shall contain— (a) particulars of the description, identity, nationality and, if available, the whereabouts of the person sought; and (b) particulars of each offence or conduct in respect of which extradition is requested, specifying the date and place of commission, the legal definition of the offence and the relevant provisions in the law of the designated country, including a certified copy of any such definition in the written law of that country; and (c) the original or a certified copy of any warrant or process issued in the designated country against the person whom it seeks to have extradited; and (d) a recital or summary of the evidence acquired to support the request for extradition of the person sought; and (e) a certified copy, reproduction or photograph of exhibits or documentary evidence. (3) Any certification required by subsection (2) may be done by any person in the designated country concerned who is or holds office as the Attorney-General or a legal practitioner, notary public, commissioner of oaths or commissioned police officer. (4) Upon receipt of a request in terms of subsection (1) the Minister may, if satisfied that the extradition is not prohibited in terms of this Part, issue to a magistrate an authority to proceed together with the warrant which accompanied the request for extradition. (5) On receipt of the documents referred to in subsection (4) the magistrate shall endorse the warrant and cause it to be executed by a police officer. (6) A warrant endorsed in terms of subsection (5) shall be sufficient authority throughout Zimbabwe for the arrest and detention of the person named therein and to detain him for the purposes of this Act. (7) 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 (5). (8) A person arrested on the authority of a warrant endorsed in terms of subsection (5) shall be brought before a magistrates court as soon as possible. 17 Orders by court authorizing extradition (1) Where a person has been brought before a magistrates court in terms of subsection (8) of section sixteen the court, if satisfied that— (a) the person concerned is the person named in the warrant under which he was arrested; and (b) the extradition is not prohibited in terms of this Act; and (c) either— (i) that a prima facie case is established; or (ii) in a case in which a record of the case has been submitted in terms of the proviso to paragraph (b) of subsection (1) of section sixteen, that the record of the case indicates, according to the law of the designated country concerned, that the person concerned has committed the offence to which the extradition relates or that he has been convicted of such offence and is required to [Chapter 9:08] 664

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