CRIMINAL PROCEDURE AND EVIDENCE ACT (c) the person who supplied that information is outside Zimbabwe or is unknown or is not available to give oral evidence for any reason whatsoever. (3) For the purpose of deciding whether or not a statement is admissible as evidence in terms of subsection (2), the court may draw any reasonable inference from the form or content of the document in which the statement is contained or, in the case of a document received from outside Zimbabwe, from the form or content of any other document which accompanied such document when it was received in Zimbabwe. 283 Weight to be attached to statements admissible under section 281 or 282 In estimating the weight, if any, to be attached to a statement admissible in terms of section two hundred and eighty-one or two hundred and eighty-two, a court shall have regard to all the circumstances, whether appearing from the document concerned or otherwise. 284 Endorsements on negotiable instruments (1) In this section— “banking 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 either inside or outside Zimbabwe and is intended to enable any person to obtain, either directly or indirectly, any sum of money, whether in Zimbabwean or foreign currency. (2) Where in any criminal proceedings any negotiable instrument is produced before a court, and there appears upon such negotiable instrument any stamp, signature, writing, inscription or other mark which purports to have been made by any person or institution purporting to carry on banking business outside Zimbabwe, it shall be presumed, unless the contrary is proved, that such stamp, signature, writing, inscription or mark was made by that person or institution outside Zimbabwe and, if any date is specified in or in connection with such stamp, signature, writing, inscription or mark, that the same was made on that date. I. Special provisions as to bankers books 285 Interpretation in sections 286, 287, 288 and 289 In this section and in sections two hundred and eighty-six, two hundred and eighty-seven, two hundred and eighty-eight and two hundred and eighty-nine— “bank” means— (a) any commercial bank, accepting house, discount house or finance house registered under the Banking Act [Chapter 24:20]; or [Paragraph amended by s. 82 of Act No.9 of 1999] (b) the People’s Own Savings Bank of Zimbabwe operating under the People’s Own Savings Bank Act [Chapter 24:10]; or [Paragraph amended by s. 49 of Act No. 2 of 2016] (c) any building society registered under the Building Societies Act [Chapter 24:02]; or (d) the Corporation as defined in section 2 of the Agricultural Finance Act [Chapter 18:02]; or [Paragraph amended by s. 29 of Act No.14 of 1999.] (e) any foreign bank; “bankers books” means ledgers, day-books, cash-books and other books or records of account kept by a bank in the usual and ordinary course of business; “bankers document” means any form or document relating to the deposit, payment, transfer or removal of moneys which is received or executed by a bank in the usual and ordinary course of business and includes any instruction or notification in writing so received or executed by a bank in relation to any moneys held by or on account with that bank; “foreign bank” means any person carrying on outside Zimbabwe, in a country specified by the Minister responsible for justice by notice in a statutory instrument, for the purposes of this 107

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