CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 called to give evidence in or make an affidavit for the purposes of any subsequent civil proceedings, a document which purports to be— (i) a transcript of his evidence or a copy of his affidavit, as the case may be, in the former legal proceedings; and (ii) certified by the official having custody of the record of the former legal proceedings as a true transcript of the evidence or copy of the affidavit, as the case may be, shall be admissible on its production by any person as evidence of the fact stated therein. (2) Subsection (1) shall apply even if the evidence concerned was not recorded verbatim and the transcript of the evidence was taken from notes made by the person presiding at the proceedings. 29 Evidence of future rights (1) A person who alleges that he will become entitled to a right which will not be enforceable until the occurrence of a future event may apply to the High Court, or to any magistrates court which will have jurisdiction to determine or enforce his alleged right, for an order allowing evidence that may be material in establishing or enforcing his alleged right to be taken on oath before a judge or magistrate, as the case may be, and the court may grant the application on such conditions, whether as to the nature of the evidence that may be taken or otherwise, as it thinks fit. (2) Evidence taken pursuant to an order in terms of subsection (1) shall be admissible, subject to this Act, in any subsequent proceedings brought to determine or enforce the alleged right concerned, if the parties to those subsequent proceedings are the same as the parties to the application in terms of subsection (1) or are the successors in title or legal representatives of those parties: Provided that, if any person whose evidence was taken is available to give evidence in the subsequent proceedings, the court may refuse to admit his evidence as so taken. (3) A document which purports to be a transcript of evidence given by a person pursuant to an order in terms of subsection (1), and which purports to be certified as a true transcript by the official having custody of the record of the proceedings at which the evidence was taken, shall be admissible on its production by any person as evidence of the facts stated therein. (4) Subsection (3) shall apply even if the evidence concerned was not recorded verbatim and the transcript of the evidence was taken from notes made by the judge or magistrate before whom the evidence was taken. 30 Taking of evidence in advance of hearing (1) Where a party to proceedings that have been commenced has reason to believe that a person who may give material evidence in the proceedings will not be available to do so, whether through absence from Zimbabwe or for any other reason, the party may apply to the court before which the proceedings have been commenced for an order allowing that person’s evidence to be taken by the court in advance of the trial or hearing, and the court may grant the application on such conditions, whether as to the nature of the evidence that may be taken or otherwise, as it thinks fit. — 19 —