Criminal Procedure and Evidence Act (10) Zimbabwe In any criminal proceedings in which it is relevant to prove— (a) that a person or thing has or has not been registered or licensed or that a permit, certificate or authority has or has not been issued in respect of any person or thing under an enactment; or (b) where a person or thing has been registered or licensed or a permit, certificate or authority has been issued in respect of any person or thing under an enactment, any particulars of or connected with the registration, licence, permit, certificate or authority; or (c) that anything relating to the registration, licence, permit, certificate or authority referred to in paragraph (b), including the cancellation or suspension thereof, has been done; a document purporting to be an affidavit made by a person who in that affidavit states that— (i) he is a person upon whom the enactment in question confers the power or imposes the duty to do any thing referred to in paragraph (a); and (ii) in that capacity, he has the custody and control of the records relating to anything referred to in paragraph (a) done by himself or any other person in the exercise of that power or duty; and (iii) he has examined the records referred to in subparagraph (ii) and ascertained— (A) that any person or thing is or is not registered or licensed or that a permit, certificate or authority has or has not been issued; or (B) any particular referred to in paragraph (b); or (C) that anything referred to in paragraph (c) has been done; shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the facts so ascertained. (11) An affidavit referred to in this section shall not be admissible unless the prosecutor or the accused, as the case may be, has received three days’ notice of its intended production or consents to its production. (12) The court in which any affidavit referred to in this section is produced in evidence may, of its own motion or at the request of the prosecutor or of the accused, cause the person who made the affidavit or any other person whose evidence the court considers to be necessary to give oral evidence in the proceedings in question in relation to any statement contained in the affidavit or may cause written interrogatories to be submitted to such person for reply, and such interrogatories or any reply thereto purporting to be a reply from such person shall, on their mere production in those proceedings by any person, be admissible in evidence. (13) Nothing in this section shall be construed as affecting any provision of any enactment under which any certificate or other document is made admissible in evidence, and this section shall be deemed to be additional to, and not in substitution of, any such provision. 279. Admissibility of photographs, plans and reports (1) A medical practitioner who has prepared a report after his examination of any person or body may read and put in such report at any trial and such report so read and put in shall, subject to all just exceptions, be admissible in evidence in any court. [subsection amended by section 28 of Act 9 of 2006] (2) A photograph or plan relating any matter which is relevant to the issue in any proceedings shall be admissible in evidence at any stage of such proceedings subject to the conditions that— (a) any person who is a competent and compellable witness in such proceedings and upon whose indications or observations such photograph or plan was taken or prepared shall be called as By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 112

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