Criminal Procedure and Evidence Act Zimbabwe (2) If a person who has been committed in terms of subsection (1) upon being brought up at the adjourned hearing again refuses or fails to do what is so required of him, the court, if it sees fit, may again adjourn the proceedings and commit him for a like period, and so again from time to time until such person consents to do what is required of him. (3) Nothing in this section shall prevent the court from giving judgment in any case or otherwise disposing of the same in the meantime according to any other sufficient evidence taken. (4) No person shall be bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena unless he actually has it in court. 234. Requiring witness to enter into recognizance (1) Any court before which a trial is pending or proceeding may lawfully require any witness, either alone or together with one or more sufficient sureties to the satisfaction of the court, to enter into recognizance under condition that the witness shall at any time within twelve months from the date thereof appear and give evidence at the trial upon being served with a subpoena at some certain place to be selected by the witness. (2) If any witness being required in terms of subsection (1) to enter into any such recognizance, refuses or fails so to do the court may commit to and detain in a prison the witness so refusing or failing until such recognizance has been entered into in terms of that subsection. (3) The court may, in exercising its powers in terms of subsection (1), add to the recognizance conditions relating to one or more of the following matters which it thinks necessary or desirable in the interests of justice— (a) the surrender by the witness of his passport; (b) the times and places at which, and the persons to whom, the witness shall personally present himself; (c) the places where the witness is forbidden to go; (d) the prohibition of communication by the witness with the accused or any other witness; (e) any other matter relating to the conduct of the witness. (4) Any recognizance entered into in terms of this section shall specify the forenames and surname of the person entering into it, his occupation or profession, if any, the place of his residence and the name and number, if any, of the street in which that place is, and whether he is an owner or tenant thereof or a lodger therein. (5) Any recognizance entered into in terms of this section shall be liable to be estreated in the same manner as any forfeited recognizance is by law liable to be estreated by the court before which the principal party thereto was bound to appear. 235. Absconding witnesses (1) When any person is bound by recognizance to give evidence or is likely to give material evidence before any court in respect of any offence, any magistrate may, upon information in writing and on oath that such person is about to abscond or has absconded, issue a warrant for the arrest of such person. (2) If any person is arrested under a warrant issued in terms of subsection (1), any magistrate, if satisfied that the ends of justice would otherwise be defeated, may commit him to a prison until the time at which he is required to give evidence, unless in the meantime he produces sufficient sureties, but such person shall be entitled on demand to receive a copy of the information upon which the warrant for arrest was issued. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 93