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Mutual Assistance In Criminal Matters - Miscellaneous (Ss 34-38)

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[Ch0804s34]34.     Delegation


            (1) The Director of Public Prosecutions may, either generally or as otherwise provided by the instrument of delegation, delegate to an officer of the Attorney-General's Chambers all or any of his powers under this Act, other than this power of delegation or his powers under section 5.

            (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Director of Public Prosecutions.

            (3) A delegation under this section does not prevent the exercise of a power by the Director of Public Prosecutions.


[Ch0804s35]35.     Evidence


            A certificate by the Director of Public Prosecutions stating that Botswana or a specified foreign country is a party to an arrangement in force is, for the purpose of any proceedings under this Act, prima facie evidence of the matters stated in the certificate.


[Ch0804s36]36.     Authentication of documents


            (1) In a proceeding under this Act arising directly or indirectly from a request made under this Act, any document that is duly authenticated is admissible in evidence.

            (2) A document is duly authenticated for the purposes of subsection (1) if-

     (a)     it purports to be signed or certified by a judge, magistrate or officer in or of a foreign country; and

     (b)     it purports to be authenticated by the oath of a witness or an officer of the Government of the foreign country or to be sealed with an official or public seal of the foreign country or of a Minister of State, or of a Department or officer of the Government, of the foreign country.

            (3) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other law of Botswana.


[Ch0804s37]37.     Regulations


            The Minister may make regulations prescribing matters-

     (a)     required or permitted by this Act to be prescribed; or

     (b)     necessary or convenient to be prescribed for carrying out or giving effect to this Act; and

     (c)     prescribing penalties not exceeding a fine of P1 000 for offences against the regulations.


[Ch0804s38]38.     Act not to cover arrest or extradition


            Nothing in this Act shall be construed as authorising the extradition, or arrest or detention with a view to extradition, of any person.