Criminal Procedure and Evidence Act Zimbabwe (2) Criminal proceedings instituted in a magistrates court by any local public prosecutor may be continued by any other public prosecutor. (3) When there is lodged with or made before a local public prosecutor a sworn declaration in writing by any person disclosing that any other person has committed an offence chargeable in the magistrates court to which such public prosecutor is attached, he or she shall determine whether there are good grounds for prosecution or not: Provided that— (i) he or she may refer to the Prosecutor-General the question whether he or she shall prosecute or not; (ii) any other person may be specially authorised by the Prosecutor-General to prosecute in the matter. 11A. Publication of principles on which decisions to prosecute are based (1) The Prosecutor-General shall, at intervals of not more than two years, review the statement which he or she is required by section 260(2) of the Constitution to formulate, and which sets out the principles by which he or she decides whether and how to institute and conduct criminal proceedings. (2) When formulating or reviewing the principles by which he or she decides whether and how to institute and conduct criminal proceedings in terms of section 260(2) of the Constitution, the Prosecutor-General shall consult— (a) the Judicial Service Commission; and (b) the Law Society of Zimbabwe; and (c) such other persons and bodies as he or she thinks appropriate; and while he or she shall not be bound to adopt any recommendation made by those persons and bodies, he or she shall pay due regard to them. (3) The Prosecutor-General shall ensure that the statement of principles referred to in subsection (1) is published as widely as practicable, and in particular shall ensure that copies of the statement, as amended from time to time, are kept at all offices of the National Prosecuting Authority and are available for inspection there by members of the public at all reasonable times during office hours. [Part II (sections 5– 11A) substituted by section 3 of Act 32 of 2016] Part III – Private prosecutions 12. Interpretation in Part III In this Part— “private party” means a person authorized by section thirteen or fourteen to prosecute any offence. 13. Private prosecution on refusal of Prosecutor-General to prosecute In all cases where the Prosecutor-General declines to prosecute for an alleged offence, any private party, who can show some substantial and peculiar interest in the issue of the trial arising out of some injury which he individually has suffered by the commission of the offence, may prosecute, in any court competent to try the offence, the person alleged to have committed it. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7