Criminal Procedure and Evidence Act
Zimbabwe
a witness, either before or after such photograph or plan is put in by the party tendering such
evidence; or
(b)
the evidence of such person is admitted in terms of section two hundred and fifty-five.
280. ***
[section repealed by section 24 of Act 9 of 2006]
281. Admissibility of documents transmitted to or made or possessed by accused
(1)
In this section—
“document” includes any thing on or in which information is recorded;
“statement” includes any representation of fact, whether made in words or figures or otherwise.
(2)
If, in any criminal proceedings against any person, direct oral evidence of a fact would be
admissible, any statement of such fact contained in any document, whether such document
purports to be an original or a copy, which—
(a)
was made or kept by; or
(b)
is proved to have been in the course of transmission to or at any time in the custody or under
the control of;
that person, or any employee or agent of that person acting within the scope of his employment or
authority, shall be admissible as evidence of that fact against that person.
(3)
Where it is alleged that two or more persons are involved in the same offence, any statement that is
admissible in evidence in terms of subsection (2) against one such person in respect of such offence
shall be admissible in evidence against the other such person or persons.
(4)
For the purposes of subsection (2), any document or copy thereof which was made or kept by or at
any time was in the custody or under the control of an employee or agent of a person referred to
in that subsection shall be presumed to have been made or kept by or to have been in the custody
or under the control of such employee or agent within the scope of his employment or authority as
such, unless the contrary is proved.
282. Admissibility of certain trade or business records
(1)
In this section—
“document” includes any thing on or in which information is recorded;
“statement” includes any representation of fact, whether made in words or figures or otherwise.
(2)
In any criminal proceedings in which direct oral evidence of a fact would be admissible, any
statement of such fact contained in a document, whether such document purports to be an original
or a copy, shall, upon the mere production of the document by any person, be admissible as
evidence of that fact if—
(a)
that fact relates to any transaction or intended transaction, either inside or outside
Zimbabwe, in the course of any trade, business or occupation of whatsoever kind or to any
other matter in connection with such trade, business or occupation; and
(b)
that document is part of or that fact has been obtained from records kept in the course
of that trade, business or occupation and compiled from information supplied, directly
or indirectly, by a person who had or who may reasonably be supposed to have personal
knowledge of the matter dealt with in that information; and
(c)
the person who supplied that information is outside Zimbabwe or is unknown or is not
available to give oral evidence for any reason whatsoever.
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