Southern African Development Community
ARTICLE 2
SCOPE OF APPLICATION AND OBLIGATION TO PROVIDE
MUTUAL LEGAL ASSISTANCE
1.
The State Parties shall, in accordance with this Protocol, provide each
other with the widest possible measure of mutual legal assistance in
criminal matters.
2.
Mutual legal assistance is any assistance given by the Requested State in
respect of investigations, prosecutions or proceedings in the Requesting
State in a criminal matter, irrespective of whether the assistance is sought
or is to be provided by a court or some other competent authority.
3.
Criminal matters include investigations, prosecutions or proceedings
relating to offences concerning transnational organized crime, corruption,
taxation, custom duties and foreign exchange control.
4.
Assistance shall be provided without regard to whether the conduct which
is the subject of investigation, prosecution, or proceedings in the
Requesting State would constitute an offence under the laws of the
Requested State.
5.
Assistance to be provided includes:
(a)
locating and identifying persons, property, objects and items;
(b)
serving documents, including documents seeking the attendance of
persons and providing returns of such service;
(c)
providing information, documents and records;
(d)
providing objects and temporary transfer of exhibits;
(e)
search and seizure;
(f)
taking evidence or obtaining statements or both;
(g)
authorizing the presence of persons from the Requesting State at the
execution of requests;
(h)
ensuring the availability of detained persons to give evidence or to
assist in possible investigations;
SADC Protocol on Mutual Legal Assistance in Criminal Matters
3