PART VI JURISDICTION OF M ILITARY C OURTS AND CIVIL C OURTS, P ROCEDURE AND EVIDENCE 45 Jurisdiction of military courts (1) Subject to this Act, a court martial may, inside or outside Zimbabwe, try — (a) any member for an offence in terms of this Act; (b) any person— (i) within the period of three months after he ceases to be a member of the Regular Force, for an offence in terms of this Act committed while he was a member; or (ii) for an offence in terms of paragraph 2, subparagraph (1) of paragraph 3, paragraph 8, paragraph 9, subparagraph (1) of paragraph 15 or paragraph 30 of the First Schedule committed whilst he was a member; and may impose the punishment prescribed by this Act. (2) A prescribed officer may, subject to such conditions and restrictions as may be prescribed, try and punish any member, whether inside or outside Zimbabwe, for an offence in terms of this Act. (3) For the purpose of effecting the arrest of any person referred to in paragraph (b) of subsection (1), bringing him to trial and imposing punishment, he shall be deemed to be a member in the rank and status he held at the time of the commission of the offence. 46 Limitations of jurisdiction of military courts (1) A member of a Reserve Force shall not be subject to any punishment— (a) by a court martial for an offence in terms of this Act, other than— (i) in the case of an officer, subject to section seventy, the punishments specified in paragraphs (c), (d), (f) and (g ) of subsection (1) of that section; (ii) in the case of a non-commissioned officer, subject to section seventy-one, the punishments specified in paragraphs (g) and (h ) of subsection (1) of that section; (iii) in the case of a non-commissioned officer or soldier, subject to section seventy-one, the punishments specified in paragraphs (i), (j) and (l) of subsection (1) of that section; (b) by a prescribed officer, other than the punishments specified in paragraph (a) which are prescribed for the purpose of subsection (2) of section forty-five: Provided that if a member of a Reserve Force commits an offence in terms of this Act while he is undergoing continuous National Service he shall be liable to any punishment provided by this Act. (2) If a member has been tried for an offence by a competent civil court or military court or has had an offence committed by him taken into consideration by a competent civil court in sentencing him, he shall not be liable, in respect of that offence or any other offence of which he might have been found guilty by the competent civil court or military court, as the case may be, to be tried by a military court. (3) A member shall not be tried by a military court for an offence in terms of this Act if the Commander, being satisfied that a civil court will exercise jurisdiction with respect to that offence, directs that a military court shall not have jurisdiction to try that offence. (4) Subject to subsection (2), no member shall be tried by a military court for an offence in terms of this Act, other than an offence— (a) which, on conviction, renders the accused liable to be sentenced to death; or (b) in terms of subparagraph (1) of paragraph 15 of the First Schedule; or (c) in terms of subparagraph (a ) of subparagraph (2) of paragraph 15 of the First Schedule; unless the trial is commenced within three years after the date of the commission of the offence. (5) In respect of a member of the Regular Force, any period for which no pay is due to the member in terms of any regulations shall not be counted as forming part of the three years referred to in subsection (4). 47 Jurisdiction of civil courts (1) Notwithstanding the jurisdiction conferred upon a military court by this Act, a civil court shall, subject to section eighty-seven, have jurisdiction to try a person for any offence, whether in terms of this Act or otherwise, within its jurisdiction: Provided that, if a person has been sentenced by a military court for an offence and is convicted of the same or a similar offence by a civil court, the civil court shall take into account in imposing sentence for that offence any punishment awarded that person by a military court. (2) If a member is tried by a civil court for an offence in terms of the First Schedule or section sixty-seven or sixty -eight, the jurisdiction as to punishment shall be— (a) in the case of the High Court, the punishment provided by this Act for the offence, other than any punishment provided in paragraph (c), (d) or (g) of subsection (1) of section seventy or, as the case may be, in paragraph (c), (d ), (e), (f), (g), ( h), (k) or (l) of subsection (1) of section seventy-one;