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]