Southern African Development Community
2.
The Central Authority of the Requested State shall make all necessary
arrangements for representation in the Requested State of the Requesting
State in any proceedings arising out of a request for assistance.
3.
Requests shall be executed in accordance with the laws of the Requested
State and the terms of this Protocol.
4.
If the Central Authority of the Requested State determines that the
execution of the request would interfere with an ongoing criminal
investigation, prosecution or proceeding in that State, it may postpone
execution, or make execution subject to conditions determined to be
necessary after consultations with the Requesting State. If the Requesting
State accepts the assistance subject to the conditions, it shall comply with
the conditions.
5.
The Requested State shall use its best efforts to keep confidential a
request and its contents if such confidentiality is requested by the
Requesting State. If the request cannot be executed without breaching
such confidentiality, the Central Authority of the Requested State shall so
inform the Requesting State which shall then determine whether the
request should nevertheless be executed.
6.
The Requested State shall respond to reasonable inquiries by the
Requesting State concerning progress in executing the request.
7.
The Requested State shall promptly inform the Requesting State of the
outcome of the execution of the request.
If the request cannot be
successfully executed in whole or in part, the Requested State shall inform
the Requesting State of the reasons therefor.
ARTICLE 5
CONTENTS OF REQUESTS
1.
In all cases, requests for assistance shall indicate:
(a)
the competent authority in the Requesting State conducting the
investigation, prosecution or proceedings to which the request
relates;
(b)
the nature of the investigation, prosecution or proceedings, and
include a summary of the facts and a copy of the applicable laws;
(c)
the purpose of the request and the nature of the assistance sought;
SADC Protocol on Mutual Legal Assistance in Criminal Matters
5