Criminal Procedure and Evidence Act Zimbabwe affirmation as a witness and to answer any question the reply to which would tend to incriminate him or her in respect of such offence. [subsection substituted by section 22 of Act 9 of 2006] (2) If a person referred to in subsection (1) fully answers to the satisfaction of the court all such lawful questions as may be put to him, he shall, subject to subsection (3), be discharged from all liability to prosecution for the offence concerned and the court or magistrate, as the case may be, shall cause such discharge to be entered on the record of the proceedings. (3) A discharge in terms of subsection (2) shall be of no effect and the entry thereof on the record of the proceedings shall be deleted if, when called as a witness at the trial of any person upon a charge of having committed the offence concerned, the person concerned refuses to be sworn or to make affirmation as a witness or refuses or fails to answer fully to the satisfaction of the court all such lawful questions as may be put to him. [subsection amended by section 22 of Act 9 of 2006] 268. Evidence of accomplice cannot be used against him No evidence given by an accomplice on behalf of the prosecution at any trial in respect of any offence shall, if the said accomplice is thereafter prosecuted for such offence, be admissible in evidence against him at his trial: Provided that if such accomplice is subsequently prosecuted for perjury or for an offence in terms of subsection (3) of section one hundred and fifty arising from the giving of such evidence, nothing contained in this section shall prevent the admission against him in evidence at his trial for the said perjury or for such offence of the evidence so given. [section amended by section 28 of Act 9 of 2006] G. Sufficiency of evidence 269. Sufficiency of one witness in criminal cases, except perjury and treason It shall be lawful for the court by which any person prosecuted for any offence is tried to convict such person of any offence alleged against him in the indictment, summons or charge under trial on the single evidence of any competent and credible witness: Provided that it shall not be competent for any court— (a) to convict any person of perjury on the evidence of any one witness as to the falsity of any statement made by the accused unless, in addition to and independently of the testimony of such witness, some other competent and credible evidence as to the falsity of such statement is given to such court; (b) to convict any person of treason, except upon the evidence of two witnesses where one overt act is charged in the indictment or, where two or more such overt acts are so charged, upon the evidence of one witness to each such overt act; (c) to convict any person on the single evidence of any witness of an offence in respect of which provision to the contrary is made by any enactment. 270. Conviction on single evidence of accomplice, provided the offence is proved aliunde Any court which is trying any person on a charge of any offence may convict him of any offence alleged against him in the indictment, summons or charge under trial on the single evidence of any accomplice: Provided that the offence has, by competent evidence other than the single and unconfirmed evidence of the accomplice, been proved to the satisfaction of such court to have been actually committed. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 106