CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 PART IV DOCUMENTARY EVIDENCE 11 Admissibility of copies of documents Except as otherwise provided in this Act or any other enactment, a copy of a document shall not be admissible to prove the document’s contents, unless— (a) all the parties to the civil proceedings concerned consent to the production of the copy; or (b) the court in its discretion permits the production of the copy, being satisfied that the original document— (i) has been destroyed or is irretrievably lost; or (ii) is in the possession of another party to the civil proceedings, who refuses to produce the original document; or (iii) is in the possession of a person who cannot be required by law to produce the original; or (iv) is outside Zimbabwe; or (v) for any other good and sufficient cause, cannot reasonably or practicably be produced. 12 Public and official documents In this section— “public document” means a document— (a) which was made by a public officer pursuant to duty to ascertain the truth of the matters stated in the document and to make an accurate record thereof for public use; and (b) to which the public have a right of access; “public officer” means a person holding or acting in a paid office in the service of the State or a local authority. (2) A copy of or extract from a public document which is proved to be a true copy or extract or which purports to be signed and certified as a true copy or extract by the official who has custody of the original, shall be admissible in evidence on its production by any person and shall be prima facie proof of the facts stated therein. (3) A copy of or extract from a document, other than a public document, which is in the custody of an official of the State by virtue of his office and which is proved to be a true copy or extract or which purports to be signed and certified as a true copy or extract by the official who has custody of the original, shall be admissible in evidence on its production by any person. (4) An official who has custody of a public or other document referred to in subsection (2) or (3) may refuse to produce the original of that document in evidence unless— (a) a judge of the Supreme Court or the High Court orders its production; or (b) the Minister or head of the Ministry responsible for its custody authorizes its production. — 8 —