Southern African Development Community
2.
3.
(d)
the degree of confidentiality required and the reasons therefor; and
(e)
any time limit within which the request should be executed.
In the following cases, requests for assistance shall include:
(a)
in the case of requests for the taking of evidence, search and
seizure, or the location, restraint or forfeiture of proceeds of crime, a
statement indicating the basis for belief that evidence or proceeds
may be found in the Requested State;
(b)
in the case of requests to take evidence from a person, an indication
as to whether sworn or affirmed statements are required and a
description of the subject matter of the evidence or statement
sought;
(c)
in the case of temporary transfer of exhibits, the current location of
the exhibits in the Requested State and an indication of the person
or class of persons who will have custody of the exhibits in the
Requesting State, the place to which the exhibit is to be removed,
any tests to be conducted and the date by which the exhibit will be
returned; and
(d)
in the case of ensuring the availability of detained persons an
indication of the person or class of persons who will have custody
during the transfer, the place to which the detained person is to be
transferred and the date of that person's return.
Where possible, requests for assistance shall include:
(a)
the identity, nationality and location of a person who is the subject of
the investigation, prosecution or proceedings;
(b)
details of any particular procedure or requirement that the
Requesting State wishes to be followed and the reasons therefor.
4.
If the Requested State considers that the information is not sufficient to
enable the request to be executed, it may request additional information.
5.
A request shall be made in writing. In urgent circumstances, a request may
be made orally but shall be confirmed in writing promptly thereafter.
SADC Protocol on Mutual Legal Assistance in Criminal Matters
6