16 Documents from designated countries
(1) In this section—
“designated country” means a country or territory declared to be a designated country in terms of subsection
(4);
“document” includes an extract from a document.
(2) Subject to subsection (3), any document purporting to have been prepared, attested, certified, compiled or
executed in a designated country shall be admissible in evidence as if it had been prepared, attested, certified,
compiled or executed, as the case may be, in Zimbabwe.
(3) Where a document is admissible in evidence only if it has been prepared. attested, certified, compiled or
executed by a particular person or by a person holding a particular office, possessing a particular qualification,
performing a particular function or engaged in a particular activity, a similar document emanating from a designated country shall not be admissible in terms of subsection (2) unless it appears to have been prepared, attested,
certified, compiled or executed, as the case may be, by an equivalent person in the designated country concerned.
(4) The Minister may, by order in a statutory instrument—
(a) declare any country or territory to be a designated country for the purposes of this section;
(b) declare that any person or class of persons in a designated country is equivalent to any person or class of
persons in Zimbabwe, whether such equivalence relates to his or their office, qualification, function or
activity or otherwise:
Provided that an omission by the Minister to make a declaration in terms of this paragraph shall not preclude
a court from determining for itself whether or not any person in a designated country is equivalent to a person in
Zimbabwe.
17 Translations of documents
(1) Subject to subsections (2) and (3), where it is necessary to produce in evidence a translation of a document into the English language, the translation shall be admissible on its production by any person entitled to
produce the original document, if the translation is accompanied by a document which purports to be an a
ffidavit made by a person who states in it that—
(a) he undertook the translation; and
(b) the translation is a true and accurate translation of the document to the best of his ability;
and thereupon the translation shall be presumed to be true and accurate, unless the contrary is proved.
(2) Any party wishing to produce a translation of a document in terms of subsection (1) shall serve a copy of
the translation on every other party to the proceedings in the time and manner required in terms of rules of court.
(3) Where a party does not accept the accuracy of a translation served on him in terms of subsection (2), he
shall immediately give notice of that fact to the party intending to produce the translation, who shall thereafter be
required to prove the accuracy of the translation by admissible evidence.
18 Disputed handwriting
Comparison of any disputed handwriting with any handwriting proved to be genuine may be made by any
witness, and such writings and the evidence of any witness with respect to them may be adduced to prove the
genuineness or otherwise of the handwriting in dispute.
19 Refreshing memory from documents
(1) Subject to this section, any witness, whilst giving evidence, may refresh his memory from any document,
where it is proved that the document was made by him or was made on his instructions or was first read by him, at
a time when his recollection of the facts set out in the document could reasonably be supposed to be fresh in his
mind.
(2) A document mentioned in subsection (1) shall not be referred to by a witness unless the witness is able to
produce the document in the court.
(3) Where a witness has refreshed his memory from a document in terms of subsection (1) any opposing
party may inspect the document and may cross-examine the witness upon it, but that party shall not be required to
produce the document in evidence unless he has cross-examined the witness on parts of the document to which
the witness did not refer when refreshing his memory.
(4) Where a document mentioned in subsection (1) has been produced in evidence, any statement by the witness concerned which is contained in that document shall be admissible as evidence of any fact stated therein of
which direct oral evidence by him would be admissible.
20 Proof of certain matters by affidavit
(1) In this section—
“registered person” means a medical practitioner or any other person registered in terms of the Health Professions Act [Chapter 27:19];
[Definition amended by Act 6/2000]