CHAPTER 98
MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Inconsistency of Acts

   4.   Limitations with respect to application

   5.   Application

   6.   Publication of treaties

   7.   Administrative arrangements

   8.   Assistance may be provided subject to conditions

   9.   Requests by Zambia

   10.   Requests by foreign state

   11.   Refusal of assistance

PART II
FOREIGN INVESTIGATIONS OR OTHER PROCEEDINGS IN RESPECT OFOFFENDERS

   12.   Fines

   13.   Search and seizure

   14.   Issue and contents of search warrant

   15.   Execution of search warrant

   16.   Report on execution of warrant

   17.   Hearing on execution of warrant

   18.   Terms and conditions of sending abroad record or thing seized

   19.   Evidence for use abroad

   20.   Evidence gathering order

   21.   Report to magistrate on evidence gathering order

   22.   Sending abroad evidence and order

   23.   Compliance with terms and conditions of order to send abroad

   24.   Contempt of court

   25.   Arrest warrant for person for non-compliance with evidence gathering order

   26.   Transfer of detained

   27.   Making of transfer order

   28.   Absence deemed imprisonment

   29.   Variation of transfer order

   30.   Copy of order to jailer

   31.   Exception for young persons

   32.   Lending exhibits under a loan order

   33.   Making of loan order

   34.   Variation of loan order

   35.   Copy of loan order to custodian

   36.   Presumption of continuity

   37.   Appeal on question of law

PART III
ADMISSIBILITY IN ZAMBIA OF EVIDENCE OBTAINED ABROAD

   38.   Foreign records

   39.   Foreign things

   40.   Status of certificate

   41.   Service abroad

   42.   Special authorization

   43.   Detention of transferred person and paramouncy of order

   44.   Immunities

   45.   Determination of the validity of refusals

   46.   Privilege for foreign records

   47.   Regulations

AN ACT

to provide for the implementation of treaties for mutual legal assistance in criminal matters and to provide for matters connected with or incidental to the foregoing.

[30th April, 1993]

Act 19 of 1993.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Mutual Legal Assistance in Criminal Matters Act.

2.   Interpretation

In this Act unless the context otherwise requires—

“competent authority” means the Attorney General;

“data” means representations, in any form, of information or concepts;

“foreign state” means a state that is a party to a treaty;

“offence” means an offence within the meaning of the relevant treaty;

“record” means any material on which data is recorded or marked and which is capable of being read or understood by a person or a computer system or other device;

“request” means a request for assistance presented under a treaty;

“treaty” means a treaty, convention or other international agreement that is in force and to which Zambia is a party, the primary purpose of which is to provide for mutual legal assistance in criminal matters.

3.   Inconsistency of Acts

In the event of any inconsistency between this Act and any other Act of Parliament, other than the provisions of an Act prohibiting the disclosure of information or prohibiting its disclosure except under certain conditions, this Act shall prevail to the extent of the inconsistency.

4.   Limitations with respect to application

   (1) Nothing in this Act or a treaty shall be construed so as to abrogate or derogate from an agreement, arrangement or practice respecting co-operation between a Zambian competent authority and a foreign or international authority, or organisation.

   (2) Nothing in this Act authorizes the extradition, or the arrest or detention with a view to extradition, of any person.

5.   Application

   (1) This Act shall apply to a foreign state specified in an order made by the Minister under this Act.

   (2) Where a bilateral treaty comes into force or ceases to be in force, the Minister may, by order, specify the name of the foreign state that is a party to the treaty and the date that the treaty came into force or ceased to be in force, as the case may be.

   (3) The Minister may, by order, specify—

      (a)   the names of the foreign states that are parties to a multilateral treaty to which Zambia accedes and the date of the accession;

      (b)   the name of a foreign state that accedes to a multilateral treaty to which Zambia is a party and the date of the accession;

      (c)   the name of a foreign state that ceases to be a party to a multilateral treaty to which Zambia is a party and the relevant date; and

      (d)   the names of all of the foreign states that are parties to a multilateral treaty to which Zambia has ceased to be a party and the relevant dates.

6.   Publication of treaties

The Minister shall cause every treaty to be published in the Gazette within sixty days of its coming into force or after Zambia accedes to the treaty and a treaty once published shall be judicially noticed.

7.   Administrative arrangements

   (1) Where there is no treaty between Zambia and another state, the Minister responsible for Home affairs may, with the agreement of the Minister, enter into an administrative arrangement with that other state providing for legal assistance with respect to an investigation specified therein relating to an act that, if committed in Zambia, would be an indictable offence.

   (2) Where a treaty expressly states that legal assistance may be provided with respect to acts that do not constitute an offence within the meaning of the treaty, the Minister responsible for home affairs may, in exceptional circumstances and with the agreement of the Minister, enter into an administrative arrangement with the foreign state concerned, providing for legal assistance with respect to an investigation specified therein relating to an act that, if committed in Zambia, would be a contravention of an Act of Parliament.

   (3) An administrative arrangement entered into under sub-section (1) or (2) may be implemented by theMinister, under this Act, in the same manner as a treaty.

   (4) An administrative arrangement entered into under sub-section (1) or (2) shall have force from the period, not exceeding six months, and with respect to the type of legal assistance that is specified therein.

   (5) Sections 5 and 6 do not apply in respect of an administrative arrangement entered into under sub-section (1) or (2).

   (6) In any legal or other proceeding, an administrative arrangement entered into under sub-section (1) or (2) and purporting to be signed by the Minister responsible for home affairs or by a person designated by him is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and proof that it is what it purports to be.

8.   Assistance may be provided subject to conditions

Assistance under this Act may be provided to a foreign state subject to such conditions as the Attorney-General may determine.

9.   Request by Zambia

A request by Zambia for international assistance in a criminal matter may be made by the Attorney-General.

10.   Request by foreign state

   (1) A request by a foreign state for international assistance in a criminal matter may be made to the Attorney-General or a person authorised by the Attorney-General, in writing, to receive requests by foreign states under this Act.

   (2) A request under sub-section (1) shall be accompanied by—

      (a)   the name of the authority concerned with the criminal matter to which the request relates;

      (b)   a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;

      (c)   a description of the purpose of the request and the nature of the assistance being sought;

      (d)   details of the procedure that the foreign state wishes to be followed by Zambia 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 state pursuant to the request;

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