Criminal Procedure and Evidence Act Zimbabwe 113D.Arrest and punishment for failure to obey subpoena or to remain in attendance (1) If any person subpoenaed to attend confirmation proceedings without reasonable cause fails to obey the subpoena, and it appears from the return or from evidence given under oath that the subpoena was served upon the person to whom it is directed, or if any person who has attended it in obedience to a subpoena fails to remain in attendance, the magistrate conducting the proceedings may issue a warrant directing that such person be arrested and brought at a time and place stated in the warrant, or as soon thereafter as possible, before him or her or any other magistrate. (2) When the person in question has been arrested under the said warrant, he or she may be detained thereunder before the magistrate who issued it or in any prison or lock-up or other place of detention or in the custody of the person who is in charge of him or her, with a view to securing the person’s presence as a witness at the confirmation proceedings, or such magistrate may release him or her on a recognizance, with or without sureties, for his or her appearance to give evidence as required and for his or her appearance at the inquiry mentioned in subsection (3). (3) The magistrate may in a summary manner inquire into the said person’s failure to obey the subpoena or to remain in attendance, and unless it is proved that the said person had a reasonable excuse for such failure, the magistrate may sentence him or her to a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment. (4) Any person sentenced by a magistrate to a fine or imprisonment in terms of subsection (3) shall have the same right of appeal as if he or she had been convicted and sentenced by a magistrates court in a criminal trial. (5) If a person who has entered into a recognizance for his or her appearance to give evidence at confirmation proceedings or for his or her appearance at an inquiry referred to in subsection (3) fails so to appear, he or she may, apart from the estreatment of his or her recognizance, be dealt with as if he or she had failed to obey a subpoena to attend confirmation proceedings. [section inserted by section 6 of Act 9 of 2006] 113E.When tender of witness’ expenses not necessary No prepayment or tender of expenses shall be necessary in the case of a person who is required to give evidence at confirmation proceedings and who is also within five kilometres of the premises in which such proceedings are being held. [section inserted by section 6 of Act 9 of 2006] 113F.Witness refusing to be examined or to produce evidence may be committed (1) Whenever any person appearing, either in obedience to a subpoena or by virtue of a warrant, or being present and being verbally required by the magistrate to give evidence at confirmation proceedings, refuses to be sworn or, having been sworn, refuses to answer such questions as are put to him or her, or refuses or fails to produce any document or thing which he or she is required to produce, without in any such case offering any just excuse for such refusal or failure, the magistrate may adjourn the proceedings for any period not exceeding eight clear days, and may in the meantime by warrant commit the person so refusing to prison unless he or she sooner consents to do what is required of him or her. (2) If a person referred to in subsection (1), upon being brought up upon the adjourned hearing, again refuses to, do what is so required of him or her, the magistrate may, if he or she sees fit, again adjourn the proceedings, and by order commit him or her for a like period and so again from time to time until such person consents to do what is required of him or her. (3) An appeal shall lie from any order of committal in terms of subsection (1) or (2) to the Supreme Court, which may make such order on the appeal as to it seems just. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 51