Criminal Procedure and Evidence Act
(e)
Zimbabwe
any foreign bank;
“bankers books” means ledgers, day-books, cash-books and other books or records of account kept by a
bank in the usual and ordinary course of business;
“bankers document” means any form or document relating to the deposit, payment, transfer or removal
of moneys which is received or executed by a bank in the usual and ordinary course of business and
includes any instruction or notification in writing so received or executed by a bank in relation to any
moneys held by or on account with that bank;
“foreign bank” means any person carrying on outside Zimbabwe, in a country specified by the Minister
responsible for justice by notice in a statutory instrument, for the purposes of this section, the business of
a bank, building society or other such financial institution as is mentioned in paragraph (a), (b), (c) or (d)
of the definition of “bank”.
286. Entries in bankers books and bankers documents admissible in evidence in certain
cases
(1)
(2)
(3)
The entries in any bankers books shall be admissible as prima facie evidence of the matters,
transactions and accounts recorded therein on proof being given by the affidavit of any director,
manager or officer of the bank concerned or by other evidence that—
(a)
such bankers books are or have been the ordinary books of the bank; and
(b)
the said entries have been made in the usual and ordinary course of business; and
(c)
the bankers books are in, or come immediately from, the custody or control of the bank.
Any bankers documents shall be admissible as prima facie evidence of the matters or transactions
recorded therein or endorsed thereon on proof being given by the affidavit of any director, manager
or officer of the bank concerned or by other evidence that such document—
(a)
has been received or executed and kept by the bank in the usual and ordinary course of
business; and
(b)
is in, or comes immediately from, the custody or control of the bank.
Any document which purports—
(a)
to be an affidavit of a person who is director, manager or officer of a bank; and
(b)
to have been made before a person who is qualified in the country concerned to administer
an oath;
shall be admissible upon its mere production.
287. Examined copies admissible after due notice
(1)
(2)
Subject to this section and section two hundred and eighty-nine, a copy of any entry in any bankers
book or of any bankers document may be proved in any criminal proceedings as evidence of such
entry or document without production of the original by means of the affidavit of a person who has
examined the same stating—
(a)
the fact of that examination; and
(b)
that the copy sought to be put in evidence is correct.
No bankers book or copy of an entry therein contained and no bankers document or copy thereof
shall be adduced or received in evidence under subsection (1) unless ten days’ notice in writing,
or such other notice as may be ordered by the court before which the proceedings are being or are
to be conducted, containing a copy of the entries or documents proposed to be adduced and of the
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