Criminal Procedure and Evidence Act Zimbabwe (b) he has given evidence against any other person charged with the same offence; or (c) the proceedings against him are such as are described in section three hundred and five or three hundred and six, and the notice required by the section concerned has been given to him; or (d) the proof that he has committed or been convicted of such other offence is admissible to show that he is guilty of the offence wherewith he is then charged. 291. Privilege arising out of marital state (1) A husband shall not be compelled to disclose any communication made to him by his wife during marriage, and a wife shall not be compelled to disclose any communication made to her by her husband during the marriage. (2) A person whose marriage has been dissolved or annulled by a competent court shall not be compelled to give evidence as to any matter or thing which occurred during the subsistence of the marriage or supposed marriage, and as to which he or she could not have been compelled to give evidence if the marriage still subsisted. 292. No witness compellable to answer question which witness’ husband or wife might decline No person shall be compelled to answer any question or to give any evidence if the question or evidence is such that under the circumstances the husband or wife of such person, if under examination as a witness, might lawfully refuse and could not be compelled to answer or give. 293. Witness not excused from answering question by reason that answer would establish civil claim against him A witness in criminal proceedings may not refuse to answer a question relevant to the issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever by reason only that the answering of such question may establish or tend to establish that he owes a debt or is otherwise subject to a civil suit. 294. Privilege of professional advisers No legal practitioner duly qualified to practise in any court, whether within Zimbabwe or elsewhere, shall be competent to give evidence against any person by whom he has been professionally employed or consulted, without the consent of that person, as to any fact, matter or thing as to which such legal practitioner, by reason of such employment or consultation and without such consent, would not be competent to give evidence in any similar proceedings depending in the Supreme Court of Judicature in England: Provided that no such legal practitioner shall in any proceedings, by reason of any such employment or consultation, be incompetent or not legally compellable to give evidence as to any fact, matter or thing relative to or connected with the commission of any offence for which the person by whom such legal practitioner has been so employed or consulted is in such proceedings prosecuted, when such fact, matter or thing came to the knowledge of such legal practitioner before he was professionally employed for or consulted with reference to the defence of such person against such prosecution. 295. Privilege from disclosure of facts on grounds of public policy No witness shall, except as in this Act is provided, be compellable or permitted to give evidence in any criminal proceedings as to any fact, matter or thing, or as to any communication made to or by such witness, as to which, if the case were depending in the Supreme Court of Judicature in England, such witness would not be compellable or permitted to give evidence by reason that such fact, matter or thing or communication, on grounds of public policy and from regard to public interest, ought not to be disclosed and is privileged from disclosure: By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 117