Criminal Procedure and Evidence Act
(b)
Zimbabwe
it purports to be signed and certified as a true copy or extract by the officer to whose custody
the original is entrusted.
[subsection amended by section 28 of Act 9 of 2006]
(2)
The officer to whose custody the original book or record is entrusted shall furnish a certified
copy thereof or extract therefrom to any person applying at a reasonable time for the same upon
payment of such sum as may be prescribed.
276. Production of official documents
Any original document in the custody or under the control of any officer of the State by virtue of his office
may be produced in any criminal proceedings before any court unless the Minister certifies in writing that
it is undesirable that such original document should be so produced.
[section amended by section 28 of Act 9 of 2006]
277. Copies of official documents sufficient
(1)
Except when the original is produced, as provided in section two hundred and seventy-six it shall
be sufficient to produce a copy of or extract from a document described in that section certified as a
true copy by the head of the Ministry, department or office in whose custody or under whose control
such document is.
(2)
A copy or extract certified in terms of subsection (1) shall be admissible in evidence before any court
and shall be of like effect as the original document.
[subsection amended by section 28 of Act 9 of 2006]
(3)
It shall not be necessary for any head of a Ministry, department or office of the State to appear in
person to produce any original document in his custody or under his control as such officer, but it
shall be sufficient if such document is produced by some person authorized by him so to do.
(4)
Certified copies of or extracts from any document referred to in subsection (3) may be handed in to
the court by the party who desires to avail himself of the same.
(5)
If any officer authorized or required by this Act to furnish any certified copies or extracts wilfully
certifies any document as being a true copy or extract knowing that the same is not a true copy or
extract, as the case may be, he shall be guilty of an offence and liable to imprisonment for a period
not exceeding two years.
278. Admissibility of affidavits in certain circumstances
(1)
In any criminal proceedings in which it is relevant to prove—
(a)
any fact ascertained by an examination or process requiring knowledge of or skill in
bacteriology, chemistry, physics, microscopy, astronomy, mineralogy, anatomy, biology,
haematology, histology, toxicology, physiology, ballistics, geography or the identification of
finger-prints, palm-prints or foot-prints or any other knowledge or skill whatsoever;
(b)
any opinion relating to any fact ascertained by an examination or process referred to in
paragraph (a);
a document purporting to be an affidavit relating to any such examination or process and
purporting to have been made by any person qualified to carry out such examination or process who
in that affidavit states that such fact was ascertained by him or under his direction or supervision
and that he arrived at such opinion, if any, stated therein shall, on its mere production in those
proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the fact
and of any opinion so stated.
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