23.     Transit of persons through Botswana

            (1) Any person entering or passing through Botswana in custody by virtue of any warrant or order lawfully issued in any country to which this Act applies shall, during his passage through Botswana, be deemed to be in lawful custody if the Minister, at the request of the country in which the warrant or order was issued, authorised such passage in custody.

            (2) A certificate by the Minister that such warrant or order was lawfully issued shall be conclusive proof of that fact.

24.     Priority where two or more requests made

            (1) Where requests for the surrender of a fugitive criminal are made by two or more countries such that they are to be dealt with at the same time, the Minister shall determine to which requesting country the fugitive criminal should be returned and accordingly may refuse the requests from the other country or countries.

            (2) For the purposes of subsection (1), in determining which country should be given priority for the surrender of the fugitive criminal, the Minister shall consider all the circumstances of the respective requests and in particular-

     (a)     the relative seriousness of the offences;

     (b)     the relative dates on which the requests were made; and

     (c)     the citizenship or other national status of the fugitive criminal and his usual residence.

25.     Trial of fugitive surrendered by another country to Botswana

            Where in pursuance of an arrangement with another country any person accused or convicted of any offence committed in Botswana is surrendered by that country, that person shall not, unless the arrangement provides to the contrary, until he has been restored or afforded a reasonable opportunity of leaving Botswana, be triable or tried for any offence committed prior to his surrender to Botswana other than for an offence proved by the facts on which his surrender is grounded.

26.     Execution of warrant

            A warrant endorsed by a magistrate in pursuance of this Act may be executed in any part of Botswana in the same manner as if it had been originally issued or subsequently endorsed by a magistrate having jurisdiction in the place where it is executed.

27.     Director of Public Prosecutions may appear

            The Director of Public Prosecutions or any person delegated by him may appear at an inquiry held under this Act.

28.     Regulations

            The Minister may make regulations-

     (a)     prescribing the form of any warrant or other document which is required to be or which may be issued under this Act;

     (b)     generally for the better carrying out of the provisions of this Act.

29.     Repeal and saving

            (1) The Extradition Act is hereby repealed.

            (2) Notwithstanding the repeal effected by subsection (1), any instrument or arrangement made under the repealed enactment and in force immediately before the commencement of this Act shall continue in force as if made under this Act.