3.       Application of Act

            (1) Where an arrangement has been made with any country, with respect to the surrender to that country of any fugitive criminal, the Minister may, having regard to reciprocal provisions under the law of that country, by order published in the Gazette, direct that this Act shall apply in the case of that country subject to such conditions, exceptions and qualifications as may be specified in the order.

            (2) An order made under subsection (1) shall recite or embody the terms of the arrangement and shall not remain in force for any longer period than the arrangement.

            (3) Any order under subsection (1) may prescribe what crimes shall be deemed to be extradition crimes for the purposes of the order and this Act.

4.       Declaration of designated countries

            (1) For the purposes of this Act, and notwithstanding the provisions of section 3, the Minister may, by order published in the Gazette, declare any Commonwealth country to be a designated country.

            (2) An order made under subsection (1) may prescribe what crimes shall be deemed to be extradition crimes for the purposes of the order and of this Act, and may be made whether or not the designated country has made any provision for the extradition of any fugitive criminal from its territory to Botswana.

            (3) The Minister may revoke any order made under this section, or remove any country from the list of designated countries where he considers that it would be in the interest of Botswana to do so.

5.       Discontinuance

            If it appears to the Minister that the law of a country to which section 3 applies no longer contains reciprocal provisions or that an arrangement with any country referred to in the said section 3 is no longer in force, the Minister may by statutory instrument discontinue the application of this Act to that country.

6.       Liability of criminal to surrender

            Where this Act applies in the case of any country, every fugitive criminal of that country who is in or suspected of being in Botswana shall be liable to be apprehended and surrendered in the manner provided by this Act, whether the crime in respect of which the surrender is sought was committed before or after the commencement of this Act or the application of this Act to that country, and whether there is or is not any concurrent jurisdiction in a court of Botswana over that crime.

7.       Liability of accessories to be surrendered

            (1) Every person who is accused or convicted of having counselled, procured, commanded, aided or abetted the commission of any extradition crime, or being an accessory before or after the fact to any extradition crime, shall be deemed, for the purposes of this Act, to be accused or convicted of having committed that crime, and shall be liable to be apprehended and surrendered accordingly.

            (2) For the purposes of this Act, "related offence" means aiding and abetting, counselling or procuring the commission of, being an accessory before or after the fact to, or attempting or conspiring to commit that offence.

8.       Restrictions on surrender of criminals

            (1) Subject to the provisions of subsection (2), the following provisions shall be observed with respect to the surrender of fugitive criminals, that is to say-

     (a)     a fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if it appears to a court or the Minister that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character;

     (b)     a fugitive criminal shall not be surrendered to any country if there is the likelihood that he may be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his political opinions;

     (c)     a fugitive criminal shall not be surrendered to any country if the offence in respect of which his surrender is demanded is punishable by death in that country and if under the laws of Botswana such an offence is not punishable by death if committed in Botswana unless provision is made by an arrangement with that country for securing that he will not be punished by death in respect of that offence;

     (d)     a fugitive criminal who has been accused of some offence within the jurisdiction of Botswana, not being the offence for which his surrender is asked, or who is undergoing sentence under any conviction in Botswana, shall not, unless the President otherwise directs, be surrendered until after he has been discharged, whether by acquittal or on the expiration of his sentence or otherwise;

     (e)     a fugitive criminal shall not be surrendered if such surrender would be contrary to the terms of any arrangement as recited or embodied in any order made under the provisions of section 3;

     (f)      a fugitive criminal shall not be surrendered if final judgment has been passed by any court in Botswana upon him in respect of the offence for which his surrender is sought;

     (g)     a fugitive criminal shall not be surrendered if the offence is an offence only under military law or a law relating to military obligations;

     (h)     a fugitive criminal shall not be surrendered if the facts on which the request is made do not constitute an offence under the laws of Botswana;

     (i)      a fugitive criminal who is a citizen of Botswana and is not also a citizen or national of the requesting country shall not be surrendered unless provision is made by the law of that country, or by arrangement, that fugitive criminals who are citizens of that country may be surrendered to Botswana on being requested;

     (j)      a fugitive criminal shall not be surrendered to any country unless provision is made by the law of that country, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Botswana, be detained or tried in that country for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded;

     (k)     a fugitive criminal shall not be surrendered until the expiration of 15 days from the date of being committed to prison to await his surrender.

            (2) An offence is not an offence of a political character-

     (a)     if it is an offence in accordance with the provisions of any international convention to which Botswana and the requesting country are parties and there is an obligation on each party to afford mutual assistance to surrender a fugitive criminal accused or convicted of the commission of the offence;

     (b)     if it is an offence against the life or person of a Head of State or a member of his immediate family, a Head of Government, or a Minister or if it is any related offence;

     (c)     if it is murder or any related offence.