ss 8–12 COURTS AND ADJUDICATING AUTHORITIES (PUBLICITY RESTRICTION) ACT 10 Evidence and presumptions (1) In any proceedings of a court or adjudicating authority, including a prosecution for an offence in terms of section eight, a document purporting to be a certificate or notice shall— (a) be received by the court or adjudicating authority on its production by any person; and (b) be presumed, unless the contrary is proved, to have been duly made or issued by the responsible Minister who purports to have made or issued it. (2) In any proceedings of a court or adjudicating authority, including a prosecution for an offence in terms of section eight, a document purporting to set out the terms and conditions of any order or of any authority in terms of section seven shall, if it purports to be certified as correct by the person who issued it or by a person who has custody of the records of the proceedings concerned— (a) be received by the court or adjudicating authority on its production by any person, as prima facie evidence that the order or authority was duly made or given; and (b) be presumed, unless contrary is proved, to reflect accurately the terms and conditions of the order or authority concerned. needed to ensure compliance with any term or condition fixed in terms of subsection (4) of that section by the person allowing him access; or (h) having been authorized in terms of section seven to disclose or obtain any information or other thing, fails, either inside or outside Zimbabwe, to take all reasonable steps needed to ensure compliance with any term or condition of such authority; shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (2) In any prosecution for an offence in terms of subsection (1) it shall be a defence for the accused to show— (a) where he is charged with disclosling any information, fact, matter, document, recording, record or part of a record, that he did not know and could not reasonably have known that such disclosure was prohibited; (b) where he is charged with causing or permitting the disclosure of any information, fact, matter, document, recording, record or part of a record, that he took all reasonable steps to prevent such disclosure; (c) where he is charged with allowing or permitting a person access to a record or part of a record, that he did not know and could not reasonably have known that the person whom he allowed or permitted access was not entitled thereto; (d) where he is charged with obtaining access to any record or part of a record, that he did not know and could not reasonably have known that such access was prohibited. 11 Right of audience of State employees Notwithstanding any other law, any person in the full-time employment of the State shall have the right to appear at any time in any proceedings before any court or adjudicating authority for the purpose of producing a certificate issued in relation to those proceedings. 9 Authority of Attorney-General for prosecutions Where a person is brought before a magistrates court charged with— (a) an offence in terms of section eight; or (b) an attempt, conspiracy or incitement to commit an offence in terms of section eight; or (c) being an accessory after the fact to an offence in terms of section eight; no further proceedings in respect thereof shall be taken against him without the authority of the Attorney-General, except such as the court may think necessary by remand to secure the due appearance of the person charged. 12 Effect of this Act on other laws This Act shall be construed as being additional to, and not as derogating from, any other law which— (a) restricts the right of persons to attend the proceedings of any court or adjudicating authority; or (b) regulates, restricts or prohibits the publication of the proceedings of courts or adjudicating authorities or any matter relating to such proceedings; or (c) relates to state privilege. DISTRIBUTED BY VERITAS TRUST VERITAS MAKES EVERY EFFORT TO ENSURE THE PROVISION OF RELIABLE INFORMATION, BUT CANNOT TAKE LEGAL RESPONSIBILITY FOR INFORMATION SUPPLIED. NOTE This document reflects the text of the Act as at 1st April, 2007. It incorporates the only amendment made to the Act since the publication of the Revised Edition of the Statutes in mid-1996, namely, the amendment to section 8(1) by the Criminal Penalties Amendment Act, 2001 (No. 22 of 2001). (substitution of "level ten": for "five thousand dollars" and "two years" for "five years"). [Chapter 7:04] 410