Criminal Procedure and Evidence Act
Zimbabwe
inform the Prosecutor-General of all the material facts on which he or she relies in his
or her defence;
and informing the accused of the provisions of section 67(2) in the event that the accused declines
to give the information referred to in paragraph (b), whether on the grounds that he or she wishes
to exercise his or her right to silence or otherwise.
[subsection substituted by section 27 of Act 2 of 2016]
(7)
The Prosecutor-General shall lodge with the registrar of the High Court a copy of the document and
notice referred to in subsection (6).
(8)
Where the accused is to be represented at his or her trial by a legal practitioner, the legal
practitioner shall, at least three days, Saturdays, Sundays and public holidays excluded, before the
date for trial determined by the Prosecutor-General in terms of section 160(1)—
(a)
send to the Prosecutor-General; and
(b)
lodge with the registrar of the High Court;
a document containing the information referred to subsection (6)(b).
(9)
(10)
Where the accused is not to be represented at his or her trial by a legal practitioner, the ProsecutorGeneral may—
(a)
serve on the accused a notice directing him or her to appear before a specified magistrate to
provide the information referred to in subsection (6)(b), and
(b)
send to the magistrate specified in terms of paragraph (a) a copy of—
(i)
the document and notice referred to in subsection (6); and
(ii)
the notice served in terms of paragraph (a).
The magistrate shall cause an accused on whom a. notice in terms of subsection (9) is served to
appear before him or her and—
(a)
ask the accused if he or she understands the facts set out in the document referred to in
subsection (6)(a) and, if necessary, explain those facts, and
(b)
inform him or her of—
(i)
his or her right to remain silent by declining to do either or both of the following—
(A)
to give an outline of his or her defence, if any, to the charge; and
(B)
to supply the names of any witnesses he or she proposes to call in his or her
defence together with a summary of the evidence which each witness will give,
sufficient to inform the Prosecutor-General of all the material facts on which
he or she relies in his or her defence;
and
(ii)
the consequences of remaining silent, that is to say, informing the accused of the
provisions of section 67(2).
[paragraph substituted by section 27 of Act 2 of 2016]
(c)
request the accused to supply the information referred to in subsection (6)(b); and the
proceedings shall be recorded.
(11)
The magistrate shall transmit a certified copy of the record made in terms of subsection (10) to the
registrar of the High Court.
(12)
The registrar shall transmit—
(a)
the document and notice lodged with him or her in terms of subsection (7); and
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