Criminal Procedure and Evidence Act Zimbabwe (5) In any criminal proceedings in which the physical condition or identity of a deceased person or dead body while such person or dead body was in or at a hospital, nursing-home, ambulance or mortuary, is relevant to the issue, a document purporting to be an affidavit made by a person who in that affidavit states that he is or was employed at or in connection with the hospital, nursing-home, ambulance or mortuary and that in the performance of his official duties there or in connection therewith he observed the physical characteristics of the deceased person or dead body described in the affidavit, or that while the deceased person or dead body was under his care, such person or dead body sustained the injuries or wounds described in the affidavit or sustained no injuries or wounds, or that he identified, pointed out or handed over the deceased person or dead body to another person or left the deceased person or dead body in the care of another person, or that the deceased person or dead body was identified, pointed out or handed over to him or left in his care by another person, shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the facts so stated. (6) In any criminal proceedings in which the identity of a person since deceased or of the body of a deceased person is relevant to the issue, a document purporting to be an affidavit made by a person who in that affidavit states that he knew the deceased person in his lifetime and that he identified the person or dead body to another person shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the facts so stated. (7) In any criminal proceedings in which the receipt, custody, packing, delivery or dispatch of any document, finger-print or palm-print, article of clothing, specimen, limb or organ or any object of whatever nature is relevant to the issue, a document purporting to be an affidavit made by a person who in that affidavit states that in the performance of his duties he received from, or delivered or dispatched to, a person, institute, Ministry, department or laboratory mentioned in the affidavit the object described in the affidavit or packed or marked in a manner so described, or that during the period mentioned in the affidavit he had the custody, in the manner so mentioned, of the object described in the affidavit or packed or marked in the manner so described, as the case may be, shall, on its mere production in those proceedings by any person, but subject to subsections (11) to (12), be prima facie proof of the facts so stated. (8) In any criminal proceedings in which it is relevant to prove that the details set out in any— (a) consignment note executed for the purpose of the transport of any goods by the National Railways of Zimbabwe or the Air Zimbabwe Corporation or any other person who carries on the business within Zimbabwe of transporting goods; or (b) report executed by an employee of a person referred to in paragraph (a) revealing a discrepancy between the details relating to the goods dispatched on a consignment note referred to in that paragraph and the goods actually present on arrival at the destination specified in the consignment note; are correct, such details may, subject to subsections (11) and (12), be proved prima facie by the production by any person of a document, purporting to be an affidavit made by the person who executed the consignment note or report, in which it is stated that the details set out in the consignment note or report are correct in relation to the goods described in the consignment note or report. (9) In any criminal proceedings in which it is relevant to prove that any goods were delivered to the National Railways of Zimbabwe or the Air Zimbabwe Corporation or any other person who carries on the business within Zimbabwe of transporting goods for transport by that person, a document purporting to be an affidavit made by a person who in that affidavit states that, on a date specified in the affidavit, he delivered the goods or caused the goods to be delivered to the National Railways of Zimbabwe, the Air Zimbabwe Corporation or such other person, as the case may be, or caused such goods to be delivered to that person for transport by that person shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the facts so stated. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 111