CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007
(a) information shall be regarded as having been supplied to a computer if it is supplied to
the computer in any form, whether on a disc, tape, card or otherwise, that may be
received by the computer, and whether it is supplied directly or, with or without
human intervention, by means of equipment the operation of which is compatible with
the operation of the computer;
(b) where information is supplied in the course of any activity with a view to its being
stored or processed for the purpose of that activity by a computer that is not operated
in the course of that activity, the information shall be regarded as having been supplied
to the computer in the course of that activity;
(c) a document shall be regarded as having been produced by a computer whether it was
produced by it directly or, with or without human intervention, by means of equipment
the operation of which is compatible with the operation of the computer.
(6) A document which is admissible under this section may be produced in evidence by any
person who for the time being has custody of the document or is responsible for managing the
activity for which the document was produced.
14 Business records
(1) In this section—
“business” includes a trade, profession or calling or any other such occupation or activity.
(2) A statement contained in a document shall be admissible as evidence of any fact stated
therein of which direct oral evidence would be admissible if—
(a) the document is or forms part of the records appertaining to or kept by or for a
business or at any time formed part of such records; and
(b) the statement in the document was made, or may reasonably be supposed to have been
made, in the ordinary course of or for the normal purposes of the business—
(i) by a person who had or may reasonably be supposed to have had personal
knowledge of the fact concerned; or
(ii) on the basis of information supplied directly or indirectly by a person who had
or might reasonably be supposed to have had personal knowledge of the fact
concerned.
(3) A document which is admissible under this section may be produced in evidence by any
person who for the time being has custody of the document or is responsible for managing the
business for which the document was produced.
15 Endorsements made outside Zimbabwe on negotiable instruments
(1) In this section—
“endorsement” includes any stamp, signature, writing, inscription or other mark;
“financial business” means the business of any commercial bank, accepting house,
confirming house, discount house, building society, savings bank or other financial
institution;
“negotiable instrument” means any bill of exchange, letter of credit, cheque, draft or
other document, whether negotiable or not, which has been drawn or issued inside or
— 10 —