Criminal Procedure and Evidence Act (b) Zimbabwe any document or other article produced or obtained; in response to a request made by the Prosecutor-General in terms of section 10 of the Criminal Matters (Mutual Assistance) Act [Chapter 9:06] shall be admissible in evidence in any court on its mere production by any person, if the court considers that it should be admitted in the interests of justice. (2) In deciding whether or not it is in the interests of justice for any record, document or article to be admitted in evidence in terms of subsection (1), the court shall have regard to— (a) the nature of the proceedings; and (b) the nature of the record, document or article; and (c) the purpose for which the record, document or article is tendered in evidence; and (d) any prejudice that may be occasioned to the accused or the prosecution if the record, document or article is admitted in evidence; and (e) any other factor which, in the court’s opinion, should be taken into account. (3) In estimating the weight, if any, to be given to any record, document or article admitted in terms of sub-section (1), the court shall have regard to all the factors which, in its opinion, affect its probative value. (4) Where a document is admissible in evidence only if it has been prepared, attested, certified, compiled or executed by a particular person or by a person holding a particular office, possessing a particular qualification, performing a particular function or engaged in a particular activity, a similar document emanating from a foreign country shall not be admissible in terms of subsection (1) unless it has been prepared, attested, certified, compiled or executed, as the case may be, by an equivalent person in that foreign country. (5) For the purposes of subsection (4), the Minister may, by statutory instrument, declare that any person or class of persons in a foreign country shall be regarded as equivalent to any person or class of persons in Zimbabwe: Provided that an omission by the Minister to make such a declaration shall not prevent a court from determining for itself whether or not any person in a foreign country is equivalent to a person in Zimbabwe. (6) A certificate purporting to be signed by the Prosecutor-General or the National Director of Public Prosecutions and stating that any record, document or article was produced or obtained in response to a request in terms of section 10 of the Criminal Matters (Mutual Assistance) Act [Chapter 9:06] shall be admissible in evidence in any court on its mere production by any person, and shall be prima facie proof of the facts stated therein. [subsection amended by Act 5 of 2014] (7) This section shall not be construed as affecting the admissibility under any other law of any record, document or article referred to in subsection (1). [section as inserted by section 2 of Act 8 of 1998] F. Evidence of accomplices 267. Accomplices as witnesses for prosecution (1) When the prosecutor at any trial informs the court that any person produced by him or her as a witness on behalf of the prosecution has, in his or her opinion, been an accomplice, either as principal or accessory, in the commission of the offence alleged in the charge, such person shall, notwithstanding anything to the contrary in this Act, be compelled to be sworn or to make By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 105