CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 (2) Evidence taken pursuant to an order in terms of subsection (1) shall be admissible, subject to this Act, in the proceedings concerned: Provided that, if the person whose evidence was taken is available to give evidence in the 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 person before whom the evidence was taken. 31 Proof of previous criminal conviction (1) In this section— “military court” has the meaning assigned to the term in section 2 of the Defence Act [Chapter 11:02]. (2) Subject to this section, where it is relevant in civil proceedings to prove that a person committed a criminal offence or did or omitted to do anything referred to in subsection (3), the fact that he has been convicted of that offence by any court in Zimbabwe or by a military court in Zimbabwe or elsewhere shall be admissible in evidence for the purpose of such proof. (3) Where it is proved in any civil proceedings that a person has been convicted of a criminal offence, it shall be presumed unless the contrary is shown— (a) that he did all acts necessary to constitute the offence; or (b) where the offence is constituted by an omission to do anything, that he omitted to do that thing; as the case may be. (4) Evidence of a criminal conviction— (a) shall not be adduced for the purposes of this section if the conviction is the subject of an appeal in terms of any law, until the appeal has been finally determined or has lapsed or been withdrawn or abandoned; (b) may be adduced for the purposes of this section even if the convicted person has subsequently been pardoned. (5) For the purposes of proving in civil proceedings that a person was convicted of a criminal offence, a document which— (a) purports to be a copy of the record of the criminal proceedings concerned or a copy of any part of the record which shows that the person was convicted of the offence; and (b) is proved to be a true copy of the original record or part thereof or purports to be signed and certified as a true copy by the official having custody of the original record; shall be admissible on its production by any person as prima facie proof that the person concerned was convicted of that offence: Provided that this subsection shall not preclude the admission of any other evidence to prove that the person committed the offence. — 20 —