Mutual Legal Assistance in Criminal Matters Act, 1993
- Commenced on 30 April 1993
- [This is the version of this document as it was at 31 December 1996 to 1 December 2020.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Mutual Legal Assistance in Criminal Matters Act.
2. InterpretationIn 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 ActsIn 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
6. Publication of treatiesThe 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
8. Assistance may be provided subject to conditionsAssistance under this Act may be provided to a foreign state subject to such conditions as the Attorney-General may determine.
9. Request by ZambiaA request by Zambia for international assistance in a criminal matter may be made by the Attorney-General.
10. Request by foreign state
11. Refusal of assistance
Part II – Foreign investigations or other proceedings in respect of offences
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 seizedNo record or thing seized that has been ordered under section seventeen to be sent to the foreign state which requested for the search and seizure shall be so sent until the Attorney-General is satisfied that the foreign state has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing.
19. Evidence for use abroadWhere the Attorney-General approves a request of a foreign state to obtain, by means of an order of a magistrate, evidence regarding an offence with respect to which the foreign state has jurisdiction, the Attorney-General shall apply ex parte for an order for the gathering of evidence regarding the offence.
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 abroadNo record or thing that has been ordered under section twenty-two to be sent to a foreign state requesting the evidence shall be so sent until the Attorney-General is satisfied that the foreign state has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing.
24. Contempt of CourtA person named in an order made under subsection (1) of section twenty shall commit a contempt of court if the person refuses to answer a question or to produce a record or thing to the person designated under paragraph (c) of subsection (2) of section twenty—
25. Arrest warrant for person for non-compliance with evidence gathering
26. Transfer of detained persons
27. Making of transfer order
28. Absence deemed imprisonmentFor the purposes of the Prisons Act a detained person who is not in the place of confinement from which he was delivered pursuant to a transfer order shall be deemed to be in that place of confinement and to have applied himself industriously to the program of the place of confinement, as long as he remains in custody pursuant to the transfer order and is of good behaviour.[Cap. 97]
29. Variation of transfer orderA magistrate who made a transfer order or another magistrate of the same court, may vary its terms and conditions.
30. Copy of order to jailerA copy of a transfer order made under subsection (1) of section twenty-seven and of an order varying it made under section twenty-nine shall be delivered by the Attorney-General to the person in whose custody the detained person was when the transfer order was made.
31. Exception for young personsSections twenty-six to thirty shall not apply in respect of a person who, at the time the request mentioned in subsection (1) of section twenty-six is presented, is a young person within the meaning of the Juveniles Act.[Cap. 53]
32. Lending exhibits under a loan order
33. Making of loan order
34. Variation of loan orderA court that made a loan order may vary its terms and conditions.
35. Copy of loan order to custodianA copy of a loan order and of an order varying it shall be delivered by the Attorney-General to the person who had possession of the exhibit when the loan order was made.
36. Presumption of continuityThe burden of proving that an exhibit, lent to a foreign state pursuant to a loan order made under subsection (1) of section thirty-three and returned to Zambia, is not in the same condition as it was when the loan order was made or that it was tampered with after the loan order was made shall be on the party who makes that allegation and in the absence of that proof, the exhibit shall be deemed to have been continuously in the possession of the court which made the loan order.
37. Appeal on question of lawAn appeal shall lie, on a question of law alone, to the High Court or Supreme Court, as the case may be, within the meaning of the Criminal Procedure Code, from any order or decision of a magistrate of the High Court, as the case may be, made under this Act, if an application for leave to appeal is made to a judge of the appropriate court within fifteen days after the order or decision.[Cap. 88]
Part III – Admissibility in Zambia of evidence obtained abroad
38. Foreign records
39. Foreign thingsA thing and any affidavit, certificate or other statement pertaining to the thing made by a person in a foreign state as to the identity and possession of the thing from the time it was obtained until its sending to the Attorney-General in Zambia by the foreign state in accordance with a Zambian request, are not inadmissible in evidence in a proceeding with respect to which the court has jurisdiction by reason only that the affidavit, certificate or other statement contains hearsay or a statement of opinion.
40. Status of certificateAn affidavit, certificate or other statement mentioned in section thirty-eight or thirty-nine shall be, in the absence of evidence to the contrary, proof of the statements contained without proof of the signature or official character of the person appearing to have signed the affidavit certificate or other statement.
41. Service abroadThe service of a document in a foreign state may be proved by affidavit of the person who served it.
42. Special authorization to come to ZambiaNotwithstanding the Immigration and Deportation Act the Minister responsible for home affairs may, in order to give effect to a request of the Attorney-General, authorise a person in a foreign state, who is a member of an inadmissible class of persons under the Immigration and Deportation Act, to come into Zambia at a place designated by the Minister responsible for home affairs and to go to and remain in a place in Zambia so designated for the period of time specified by the Minister responsible for home affairs, and the Minister may subject the authorisation to any terms and conditions that the Minister considers desirable.
43. Detention of transferred person and paramountcy of orderWhere the Attorney-General authorises a person who is detained in a foreign state to be transferred to Zambia for a period of time specified by the Attorney-General, a magistrate may make an order for the detention of the person anywhere in Zambia and for the return of the person to the foreign state.
45. Determination of the validity of refusalsWhere a Zambian request is presented to a foreign state and a person in the foreign state refuses to answer any question or to give up certain records or things by reason of a law in force in Zambia, a magistrate may determine the validity of the refusal on application, made on reasonable notice to the person, by the Attorney-General.
46. Privilege for foreign records
47. RegulationsThe Minister may make regulations prescribing matters necessary or convenient for the better carrying out, or giving effect to, this Act.
History of this document
02 December 2020 amendment not yet applied
31 December 1996 this version
30 April 1993