Last Updated: Friday, 28 November 2014, 15:42 GMT

Zimbabwe: Extradition Act, 1982

Publisher National Legislative Bodies / National Authorities
Author Government of Zimbabwe
Publication Date 1982
Reference ZWE-125
Cite as Zimbabwe: Extradition Act, 1982 [],   1982, available at: http://www.refworld.org/docid/3ae6b59b4.html [accessed 29 November 2014]
Comments This is the official text. This document includes only selected provisions.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Preliminary

1.     Short Title

This Act may be cited as the Extradition Act, 1982

2.     Interpretation of terms

In this Act -

"designated country" means a foreign country which is declared to be a designated country in terms of section thirteen;

"extradition agreement" means an extradition agreement entered into in terms of section three;

"Minister" means the Minister of Home Affairs or such other Minister to whom the President may from to time assign the administration of this Act.

Part I - EXTRADITION IN TERMS OF EXTRADITION AGREEMENTS

3.     Extradition agreements

(1)        The Minister may enter into an agreement with the government of any foreign country providing, whether on a basis of reciprocity or otherwise, but subject to the provisions of this Act and to the obligations of Zimbabwe in terms of any international convention, treaty or agreement, for -

(a)        the extradition of persons accused or convicted of any offence within Zimbabwe or that foreign country;

(b)        the transit through Zimbabwe of persons who are being extradited to or from any foreign country;

(c)        any matter which, in the opinion of the Minister, is incidental to the matters referred to in paragraph (a) or (b).

(2)        An extradition agreement may relate to -

(a)        any offences whatsoever, whether or not they are offences in both Zimbabwe and the foreign country concerned and whether they are committed before, on or after the date of commencement of this Act or the extradition agreement; and

(b)        any person whatsoever, whether or not they are nationals or both Zimbabwe and the foreign country concerned.

(3)        Where the Minister has entered into an extradition agreement, he shall cause the extradition agreement to be published in the Gazette, and such agreement shall thereupon, subject to the provisions of subsection (4), have the force of law within Zimbabwe.

(4)        Where any extradition agreement is amended or revoked, such revocation or amendment shall be published in the Gazette and shall thereupon have the force of law in Zimbabwe.

4.     Requests for extradition

(1)        A request for extradition in terms of an extradition agreement shall be submitted to the appropriate authority in Zimbabwe in the manner provided for in the extradition agreement.

(2)        A request for extradition in terms of an extradition agreement shall be accompanied by -

(a)        a warrant for the arrest of the person concerned specifying and giving particulars of the offence in respect of which his extradition is sought; and

(b)        a description of the person concerned together with such information as would help to establish his identity and nationality; and

(c)        in the case of a person who is a national of Zimbabwe, such evidence as would establish a prima facie case in a court of law in Zimbabwe that the person concerned has committed or has been convicted of the offence concerned in the foreign country;

(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 provisions of 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)        The provisions of sections 38, 39, 40 and 41 of the Criminal Procedure and Evidence Act (Chapter 59) shall, mutatis mutandis, apply 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 magistrate 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 therefore 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 the provisions of 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 deems fit.

(2)        Where a court is not satisfied as specified in subsection (1), it shall order the discharge of the person concerned.

(3)        Notwithstanding the provisions of subsection (1) or (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 deems fit.

(4)        Subject to the provisions of this Act, in any proceedings in terms of this section, a magistrate 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 59).

7.     Appeals against orders authorizing extradition

(1)        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 Supreme Court which may, upon such appeal, make such order in the matter as it thinks the magistrate ought to have made or such other order as may be provided for in the extradition agreement concerned.

(2)        The provisions of subsection (1) shall not derogate from the right of any person to make such other appeal or application against or in respect of an extradition as may be provided for in the extradition agreement concerned.

(3)        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.

(4)        An appeal or application referred to in this section against or in respect of an extradition shall be dealt with as a matter of urgency and shall be afforded as much priority as is possible.

8.     When extradition may be effected

(1)        A person shall not be extradited in compliance with an order made in terms of section six except where -

(a)        he has consented to his extradition; or

(b)        he has, in writing, waived his right of appeal in terms of section seven and his right of appeal, if any, in terms of the extradition agreement concerned; or

(c)        if he has noted an appeal in terms of section seven or of the extradition agreement concerned, such appeal is dismissed or abandoned; or

(d)        if he has not noted an appeal in terms of section seven or of the extradition agreement concerned, the time for making such appeal has lapsed.

(2)        For the purposes of subsection (1), a right of appeal in relation to an extradition agreement shall include any right to make an application against or in respect of an extradition as may be provided for in the extradition agreement.

12.   Provisional arrest

(1)        Notwithstanding the provisions of sections four and five, an extradition agreement may, subject to the provisions of this section, provide for the provisional arrest of a person in respect of whom it is intended to make a request for extradition.

(2)        On receipt by the appropriate authority in Zimbabwe of a request in terms of an extradition agreement for the provisional arrest of a person, the appropriate authority may, if satisfied that such course is warranted in the circumstances, submit an authority to a magistrate to issue a provisional warrant for the arrest of the person concerned.

(3)        On receipt of an authority referred to in subsection (2) a magistrate shall issue a provisional warrant for the arrest of the person concerned.

(4)        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.

(5)        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.

(6)        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 five or eleven, as the case may be, within twenty-eight days of his arrest under the provisional warrant he shall be released from custody.

(7)        The provisions of sections 38, 39, 40 and 41 of the Criminal Procedure and Evidence Act (Chapter 59) shall, mutatis mutandis, apply to a provisional warrant.

(8)        In this section -

"provisional warrant" means a provisional warrant issued in terms of subsection (3).

Part II - EXTRADITION TO AND FROM DESIGNATED COUNTRIES

14.   Offences to which this Part applies

(1)        Subject to the provisions of this Act, a person may be arrested, detained and extradited from Zimbabwe to a designated country in the manner provided for in this Part, of an offence in respect of which in the designated country he is accused or has been convicted and is required to be sentenced or to undergo punishment, whether the offence was committed before, on or after the date of commencement of this Act or the declaration of the country concerned as a designated country.

(2)        This Part shall apply to any offence which -

(a)        falls within the description of an offence specified in the Schedule, however it may be described in the law of the designated country concerned; and

(b)        is punishable in the law of the designated country concerned by imprisonment for a period of twelve months or by any more severe punishment; and

(c)        would constitute an offence punishable in Zimbabwe in the act or omission constituting the offence took place in Zimbabwe or, in the case of an extraterritorial offence, in corresponding circumstances outside Zimbabwe.

15.   General restrictions on extradition in terms of this Part

No extradition shall take place in terms of this Part -

(a)        if the grant of the request for extradition would conflict with the obligations of Zimbabwe in terms of any international convention, treaty or agreement; or

(b)        if the offence for which the extradition is requested is an offence of a political character:

Provided that notwithstanding that an offence is of a political character extradition may be granted in respect thereof if it -

(i)         is directed against the life or person of the Head of any designated country;

(ii)        involves hi-jacking of a vehicle, vessel or aircraft; or

(c)        if the request for extradition, though purporting to be made for some other purpose, is in fact made for the purpose of prosecuting or punishing the person concerned on account of his race, colour, religion, nationality or political opinions; or

(d)        if the person concerned would, if charged in Zimbabwe with the offence for which his extradition is sought, be entitled to be discharged on the grounds of a previous acquittal or conviction; or

(e)        unless the law of the designated country concerned makes provision, or it has otherwise been arranged with the government of that country, that the person extradited will not be charged with or punished for any offence other than -

(i)         an offence for which the extradition is granted, or any lesser offence proved by the facts on which the extradition is granted; or

(ii)        an offence committed after he has been extradited; unless he has been given a prior opportunity of returning to Zimbabwe or departing from the designated country to some other country.

16.   Requests for extradition and arrest of persons

(1)        Subject to the provisions of section twenty-four, a request for extradition to a designated country in terms of this Part shall be submitted through diplomatic channels to the Minister and shall be accompanied by -

(a)        a warrant for the arrest of the person concerned specifying and giving particulars of the offence in respect of which his extradition is sought; and

(b)        such evidence as would establish a prima facie case in a court of law in Zimbabwe that the person concerned has committed or has been convicted of the offence concerned in the designated country; 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)        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.

(3)        On receipt of the documents referred to in subsection (2) the magistrate shall endorse the warrant and cause it to be executed by a police officer.

(4)        A warrant endorsed in terms of subsection (3) 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.

(5)        The provisions of sections 38, 39, 40 and 41 of the Criminal Procedure and Evidence Act (Chapter 59) shall, mutatis mutandis, apply to a warrant endorsed in terms of subsection (3).

(6)        A person arrested on the authority of a warrant endorsed in terms of subsection (3) 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 (6) of section fifteen the court, if satisfied -

(a)        that the person concerned is the person named in the warrant under which he was arrested; and

(b)        that the extradition is not prohibited in terms of this Act; and

(c)        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 such offence and is required to be sentenced or to undergo any sentence therefore in the designated country concerned, as the case may be; shall, subject to the provisions of section nineteen, order that such person be extradited to the designated country concerned and, pending such extradition, that he be committed to custody or admitted to bail as the court deems fit.

(2)        Where a court is not satisfied as specified in subsection (1), it shall order the discharge of the person concerned.

(3)        Notwithstanding the provisions of subsection (1) or (2), if a person who has been brought before a magistrates court in terms of subsection (6) of section sixteen consents to his extradition to the designated country concerned, the court shall thereupon, without any further inquiry, order that he be extradited to the designated country concerned and, pending such extradition, that he be committed to custody or admitted to bail, as the court deems fit.

(4)        Subject to the provisions of 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 59).

18.   Appeal to Supreme Court

(1)        Any person, including the government of the designated country concerned, who is aggrieved by an order made in terms of section seventeen may, within seven days thereafter, appeal against the order to the Supreme Court which may, upon such appeal, make such order in the matter as it thinks the magistrate ought to have made.

(2)        In addition to the jurisdiction conferred upon it in terms of subsection (1), in any appeal in terms of that subsection the Supreme Court may direct the discharge of the person whose extradition has been ordered if the Supreme Court is of the opinion that, having regard to all the circumstances of the case, it would be unjust or oppressive to extradite such person -

(a)        by reason of the trivial nature of the offence concerned; or

(b)        by reason of the lapse of time since the commission of the offence concerned or since the person concerned became lawfully at large, as the case may be; or

(c)        because the accusation against the person concerned is not made in good faith in the interests of justice; or

(d)        by reason of the state of health or other personal circumstances of the person concerned.

(3)        An appeal referred to in this section shall be dealt with as a matter of urgency and shall be afforded as much priority as possible.

19.   When extradition in terms of this Part may be effected

A person shall not be extradited in compliance with an order made in terms of section seventeen -

(a)        except where -

(i)         he has consented to his extradition; or

(ii)        he has, in writing, waives his right of appeal in terms of section eighteen; or

(iii)       if he has noted an appeal in terms of section eighteen, such appeal is dismissed or abandoned; or

(iv)       if he has not noted an appeal in terms of section eighteen, the time for making such appeal has lapsed;

or

(b)        if the Minister has ordered the person concerned to be discharged in terms of section twenty-one.

21.   Reference to Minister

(1)        A magistrates 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 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 or the Supreme Court, shall not be construed as derogating from the right of a 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.

25.   Provisional arrest

(1)        Notwithstanding the provisions of 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.

(2)        If the Minister, on receipt of a request in terms of subsection (1), 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.

(3)        On receipt of an authority referred to in subsection (2) a magistrate shall issue a provisional warrant for the arrest of the person concerned.

(4)        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.

(5)        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.

(6)        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.

(7)        The provisions of sections 38, 39, 40 and 41 of the Criminal Procedure and Evidence Act (Chapter 59) shall, mutatis mutandis, apply to a provisional warrant.

(8)        In this section -

"provisional warrant" means a provisional warrant issued in terms of subsection (3).

Part III - GENERAL

26.   Bail and legal representation

(1)        A person who has been arrested for the purposes of extradition in terms of this Act shall have the same right to bail and legal representation as if he were arrested in connexion with a criminal offence for which he was to be charged within Zimbabwe.

(2)        In the absence of a legal practitioner instructed by the government of the foreign country or designated country concerned, in any proceedings in terms of this Act the Attorney-General or any person appointed by him may appear on behalf of that government.

33.   Regulations and rules of court

(1)        If any person in custody awaiting his extradition in terms of this Act is still in custody after the expiration of a period of two months beginning with the first day on which he could in terms of this Act have been extradited, he may apply to the High Court for his discharge from custody.

(2)        If upon application made in terms of subsection (1) the High Court is satisfied that reasonable notice of the proposed application has been given to the Minister it shall, unless good cause to the contrary is shown, order that the applicant be forthwith discharged.

SCHEDULE (SECTION 14) - OFFENCES TO WHICH PART II APPLIES

1.         Murder;

2.         Culpable homicide;

3.         Any offence against the law relating to abortion;

4.         Assault with intent to commit grievous bodily harm;

5.         Rape;

6.         Unlawful sexual intercourse;

7.         Indecent assault;

8.         Procuring, or trafficking in, women or young persons for immoral purposes;

9.         Bigamy;

10.       Kidnapping, abduction or dealing in slaves;

11.       Abandoning or exposing a child;

12.       Bribery;

13.       Perjury or subornation of perjury or defeating or obstructing the course of justice;

14.       Arson or malicious injury to property;

15.       Any offence concerning counterfeit currency;

16.       Forgery and uttering;

17.       Theft, fraud, receiving stolen property well knowing it to have been stolen or any other offence in respect of property involving fraud or dishonesty;

18.       Housebreaking with intent to commit any offence;

19.       Robbery;

20.       Extortion;

21.       Any offence against a law relating to insolvency of companies;

22.       Any offence which endangers vehicles, vessels, or aircrafts;

23.       Any offence against a law relating to dangerous drugs or narcotics;

24.       Piracy;

25.       Revolt against the authority of the master of a ship or the commander of an aircraft;

26.       Any offence against a law relating to the import or export of mineals, metals or currency or to exchange control;

27.       Any offence in terms of an international convention, treaty or agreement to which Zimbabwe is a party;

28.       Any attempt, conspirary or incitement to commit any offence specified in this Schedule.

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