Criminal Procedure and Evidence Act 9. 10. Zimbabwe Prosecutions for contempt of court proceedings (1) A court or tribunal may, on its own motion, institute proceedings for contempt of court against any person who is alleged to have impaired its dignity, reputation or authority in the presence of the court or tribunal. (2) No court, tribunal or person, other than the Prosecutor-General or someone acting on the express authority of the Prosecutor-General, shall institute or continue any proceedings for contempt of court against anyone who is alleged to have impaired the dignity, reputation or authority of a court or tribunal in circumstances other than those referred to in subsection (1). (3) Nothing in this section shall affect the institution of proceedings for contempt of court against any person for the purpose of enforcing any order of a court or tribunal. Power of ordering liberation of persons committed for further examination, sentence or trial (1) The Prosecutor-General may order the liberation of any person committed to prison for further examination or trial, and for that liberation a document setting forth that the Prosecutor-General sees no grounds for prosecuting such person and signed by him or her shall be a sufficient warrant. (2) If, in the opinion of the Prosecutor-General, the accused person has been wrongly convicted by the court, the Prosecutor-General may, at any stage after conviction, make representations to the court that— (a) there is compelling evidence that exonerates the convicted person of the offence; or (b) compelling evidence incriminating a person other than the convicted person has been brought to the Prosecutor-General’s knowledge; or (c) new evidence obtained links the convicted person to a lesser offence and not to the offence for which he or she was convicted; and that the evidence referred to in paragraph (a), (b) or (c) was not within the Prosecutor-General’s knowledge at the time of trial. (3) 11. Upon hearing the representations of the Prosecutor-General, the court may— (a) uphold the conviction; or (b) set aside the conviction and liberate the convicted person; or (c) make such order or give such directions as it deems fit. (4) If the Prosecutor-General is dissatisfied with the court’s decision in terms of subsection (3), the Prosecutor-General may appeal against such decision to a superior court. (5) On an appeal by the Prosecutor-General in terms of subsection (4), the superior court may— (a) confirm the decision made in terms of subsection (3); or (b) remit the case to the convicting court for sentencing; or (c) make such order or give such directions as it deems fit. Functions of local public prosecutor (1) All public prosecutors attached to a magistrates court are, as representatives of the ProsecutorGeneral and subject to his or her instructions, charged with the duty of prosecuting in that magistrates court, in the name and on behalf of Zimbabwe, all offences which, under any enactment governing magistrates courts or any other enactment, that magistrates court has jurisdiction to try. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6