Criminal Procedure and Evidence Act Zimbabwe C. Competency of witnesses 244. No person to be excluded from giving evidence except under this Act Every person not expressly excluded by this Act from giving evidence shall be competent and compellable to give evidence in a criminal case in any court in Zimbabwe. [section amended by section 28 of Act 9 of 2006] 245. Court to decide questions of competency of witnesses It shall be competent for the court in which any criminal case is depending to decide upon all questions concerning the competency and compellability of any witness to give evidence. [section amended by section 28 of Act 9 of 2006] 246. Incompetency from mental disorder or defect and intoxication No person appearing or proved to be afflicted with idiocy or mental disorder or defect or labouring under any imbecility of mind arising from intoxication or otherwise, whereby he is deprived of the proper use of reason, shall be competent to give evidence while under the influence of any such malady or disability. 247. Evidence for prosecution by husband or wife of accused (1) In this section— “children” means sons, daughters and adopted children of any age. (2) The wife or husband of an accused person shall be competent and compellable to give evidence for the prosecution without the consent of the accused person where such person is prosecuted for any offence against the person of either of them or any of the children of either of them, or for any of the following offences— (a) rape;. (b) aggravated indecent assault; (c) sexual intercourse or performing an indecent act with a young person; (d) sexual intercourse within a prohibited degree of relationship; (e) kidnapping or unlawful detention of a child; (f) bigamy; (g) perjury committed in connection with or for the purpose, of any judicial proceedings instituted or to be instituted or contemplated by the one of them against the other, or in connection with or for the purpose of any criminal proceedings in respect of any offence included in this subsection. [subsection substituted by section 17 of Act 9 of 2006] (3) The wife or husband of an accused person shall be competent, but not compellable, to give evidence for the prosecution without the consent of the accused person where such person is prosecuted for an offence against the separate property of the wife or husband of the accused person. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 97