Criminal Procedure and Evidence Act Zimbabwe (2) On the trial of a person charged with bigamy, as soon as the fact of a marriage ceremony in Zimbabwe between the accused and another person has been proved, the marriage shall be deemed to have been lawful and binding as between them at the date thereof unless it is shown that they were within the prohibited degrees of consanguinity or affinity, or that owing to a then subsisting marriage one of them was incapable of contracting a lawful and binding marriage with the other. (3) On the trial of a person charged with bigamy, as soon as the alleged bigamous marriage, wherever solemnized, has been proved, the fact that shortly before the alleged bigamous marriage the accused had been cohabiting with the person to whom the accused is alleged to be lawfully married and had been treating and recognizing such person as a spouse shall, if in addition there is evidence of the performance of a marriage ceremony between the accused and such person, be prima facie evidence that there was a lawful and binding marriage subsisting between the accused and such person at the time of the solemnization of the alleged bigamous marriage. 301. Proof of marriage When the fact that any lawful and binding marriage was contracted is relevant to the issue at any criminal trial, such fact shall be presumed unless the contrary is proved— (a) (b) where the marriage is alleged to have been solemnized in any part of Zimbabwe, as soon as there has been produced to the court— (i) in the case of a marriage in terms of the Marriage Act [Chapter 5:11] or any Act repealed by that Act, a copy of an entry in a marriage register or a duplicate original thereof which purports to be certified by a district administrator or the Registrar of Marriages referred to in section 30 of that Act, as the case may be, or a duplicate original register of the entry; (ii) in the case of a marriage in terms of the Customary Marriages Act [Chapter 5:07] or any Act repealed by that Act, a copy from the marriage register, which purports to be certified as a true copy by a customary marriage officer as defined in section 2 of that Act, or a duplicate original register of the entry; where the marriage is alleged to have been solemnized outside Zimbabwe, as soon as there has been produced to the court a document which purports to be an extract from a marriage register kept according to law in the country where the marriage is alleged to have been solemnized, and which also purports to be certified as such by an officer or person having the custody of that register: Provided that the signature of such officer or person to the certificate shall be authenticated in accordance with any enactment governing the authentication of documents executed outside Zimbabwe; (c) wherever the marriage is alleged to have been solemnized, as soon as the fact of the marriage ceremony has been proved. 302. Evidence of relationship on charge of incest On the trial of a person charged with incest— (a) it shall be sufficient to prove that the woman or girl on whose person or by whom the offence is alleged to have been committed is reputed to be related within the prohibited degree of consanguinity or affinity to the other party to the incest; (b) the accused person shall, until the contrary is proved, be presumed to have had knowledge at the time of the alleged offence of the relationship existing between him or her and the other party to the incest. 302A.Testing of persons accused of sexual offences for HIV infection (1) In this section— By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 119