COURTS AND ADJUDICATING AUTHORITIES (PUBLICITY RESTRICTION) ACT (c) require the return of any document or recording or copy thereof to any person specified in the notice concerned. (4) Where the responsible Minister has— (a) issued or published a notice, he may at any time in like manner amend or revoke it; (b) issued a certificate, he may at any time— (i) in like manner amend it; or (ii) by written notice to the court, adjudicating authority or person upon which or whom the certificate was served, revoke it. (5) Nothing in this section shall be construed as authorizing the issue or publication of a notice preventing or unduly restricting the communication between a legal practitioner and his client of any information that would enable or assist the legal practitioner to prepare for or institute the proceedings concerned or to bring them to a conclusion. ss 4–8 Court or the registrar of the High Court, as the case may be; or (b) in the case of proceedings of a magistrates court, by a magistrate; or (c) in the case of proceedings of any other court or adjudicating authority, by a person presiding over or constituting such court or adjudicating authority; if such registrar, magistrate or person, as the case may be, is satisfied that the person seeking access has good cause to inspect the record or part of the record and that to allow him access will not defeat or be likely to defeat the purposes for which the order concerned was made or the certificate concerned was issued, as the case may be. (3) In deciding whether or not to allow access to any record or part of a record in terms of subsection (2), the registrar, magistrate or other person empowered by that subsection to allow access shall pay due regard to any authority granted in terms of section seven. (4) In allowing access to any record or part of a record in terms of subsection (2), the registrar, magistrate or other person concerned may fix such terms and conditions as he thinks fit. 5 Effect of certificates and notices (1) Upon a certificate in terms of paragraph (a) of subsection (1) of section four being served on a person who is or may be a party to the future proceedings concerned or a witness therein or a legal representative of such a party or witness, such person shall not disclose or cause or permit to be disclosed to any other person the fact or matter specified in the certificate, save to the extent that it may be necessary to do so for the purpose of preparing for or instituting the proceedings concerned or bringing them to a conclusion. (2) Upon a certificate in terms of paragraph (b) of subsection (1) of section four being produced before it, the adjudicating authority concerned shall take such action, including the making of an order referred to in subsection (1) of section three, as may be necessary or expedient to prevent the public disclosure of the matter specified in the certificate. (3) Upon a notice being published in the Gazette or being served on— (a) any party to the proceedings or future proceedings concerned; or (b) any person who is or may be a witness in the proceedings or future proceedings concerned; or (c) any legal representative of a party or person referred to in paragraph (a) or (b); such party, person or legal representative shall take all reasonable steps needed to ensure compliance with every condition specified in the notice. 7 Authority to disclose information Notwithstanding any other provision of this Act— (a) a court or adjudicating authority that has made an order; or (b) a responsible Minister who has issued or published a certificate or notice; may, by written authority, authorize the disclosure of the whole or part of any proceedings, information, document or recording to which the order, certificate or notice, as the case may be, relates, and may specify the manner in which and conditions subject to which the disclosure may be made. 8 Offences and penalties (1) Any person who, without lawful excuse, the proof whereof lies on him— (a) attends any proceedings in contravention of an order; or (b) either inside or outside Zimbabwe, discloses or causes or permits the disclosure of any information, fact, matter, document, recording, record or part thereof which he is prohibited by this Act or by any order or certificate from so disclosing or permitting to be disclosed: or (c) being a party, person or legal representative who is required by subsection (3) of section five to comply with a notice, fails, either inside or outside Zimbabwe, to take all reasonable steps needed to ensure compliance with any condition specified in the notice; or (d) being a person who has custody or control of a record referred to in subsection (1) of section six, fails, either inside or outside Zimbabwe, to take all reasonable steps needed to prevent unlawful access to such record or any part thereof; or (e) either inside or outside Zimbabwe, allows or permits a person who is not entitled thereto access to a record or part of a record referred to in subsection (1) of section six; or (f) not being entitled thereto, either inside or outside Zimbabwe, obtains access to any record or part of a record referred to in subsection (1) of section six; or (g) having been allowed access to any record or part of a record in terms of section six, fails, either inside or outside Zimbabwe, to take all reasonable steps 6 Protection of record of proceedings (1) Subject to subsection (2) and to any notice, where an order has been made or a certificate has been issued, the record of the proceedings in relation to which the order was made or the certificate was issued, as the case may be, shall be accessible only— (a) in the case of criminal proceedings, to the accused, whether as accused, appellant or respondent, and to his legal representative, if any; and (b) in the case of any proceedings other than criminal proceedings, to the parties thereto and to their legal representatives, if any; and (c) to persons who have been allowed access in terms of subsection (2). (2) A person may be allowed access to a record or part of a record referred to in subsection (1)— (a) in the case of proceedings of the Supreme Court or the High Court, by the registrar of the Supreme 409 [Chapter 7:04]

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