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

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=498

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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.