Southern African Development Community
ARTICLE 16
TRANSIT OF PERSONS IN CUSTODY
1.
The Requested State may authorize the transit through its territory of a
person held in custody by a Third State whose personal appearance has
been requested by the Requesting State to give testimony or evidence or
otherwise provide assistance in an investigation, prosecution or
proceedings.
2.
Where such transit is authorized, the Requested State shall have the
authority and the obligation to keep the person in custody during transit in
accordance with the laws of the Requested State, and the terms of this
Protocol.
ARTICLE 17
SEARCH AND SEIZURE
1.
The Requested State shall execute a request for the search, seizure, and
delivery of property, objects or item to the Requesting State if the request
includes the information justifying such action under the laws of the
Requested State.
2.
Upon request, every official who has custody of a seized item shall certify
the continuity of custody, the identity of the item, and the integrity of its
condition.
3.
The Requested State may require that the Requesting State agrees to the
terms and conditions necessary to protect third party interests in the
property, objects or item to be transferred.
ARTICLE 18
RETURN OF PROPERTY, OBJECTS OR ITEMS
The Requested State may require that the Requesting State returns any property,
object or items, including documents, records, or articles of evidence furnished to
it in execution of a request under this Protocol, as soon as possible.
SADC Protocol on Mutual Legal Assistance in Criminal Matters
II