CRIMINAL PROCEDURE AND EVIDENCE ACT (b) any punishment substituted by the President shall have effect as though it were a valid sentence passed by the court before which the offender was convicted. 379 Reference of case by Minister for appeal or opinion Where— (a) a person convicted of an offence has exhausted all legal remedies by way of appeal or review in regard to his conviction or the sentence imposed upon him, or where such remedies are no longer available to him; and (b) it appears to the Minister that there is further evidence which, if true, might reasonably affect the conviction or the sentence; the Minister may— (i) refer to the Supreme Court any particular point arising in the case on which the Minister desires the Court’s opinion, in which event the Supreme Court shall consider the point and furnish the Minister with its opinion thereon; or (ii) refer the whole case to the Supreme Court, in which event the case shall be treated for all purposes as an appeal or fresh appeal, as the case may be, to the Supreme Court by the convicted person and the Supreme Court may exercise any of the powers conferred upon it by the Supreme Court Act [Chapter 7:13], including the power to hear further evidence or to remit the case to the court or tribunal of first instance for further hearing and the power to review the proceedings in the case. (2) For the purposes of subsection (1), a special verdict in terms of section 28 of the Mental Health Act [Chapter 15:06], that a person was mentally disordered or defective at the time he did the act or made the omission alleged against him, shall be regarded as a conviction. (3) Subject to rules of court— (a) the Supreme Court may consider any point referred to it in terms of paragraph (i) of subsection (1) in private; (b) the procedure to be followed by the Supreme Court in considering a point referred to it in terms of paragraph (i) of subsection (1) shall be as determined by the Chief Justice. (4) No appeal, review or other proceedings whatsoever shall lie in respect of— (a) a refusal or failure by the Minister to refer any case or point to the Supreme Court in terms of subsection (1) or to act on any opinion furnished in terms of paragraph (i) of that subsection; or (b) the proceedings or deliberations of the Supreme Court on a point referred to it in terms of paragraph (ii) of subsection (1). PART XXI GENERAL 380 Force of process Every warrant or summons or other process relating to any criminal matter shall be of force throughout, and may be executed anywhere within, Zimbabwe. 381 Institution of fresh proceedings when conviction set aside on appeal When a conviction and a sentence are set aside by the Supreme Court or the High Court or a judge thereof on the ground that— (a) the indictment on which the accused was convicted was invalid or defective in any respect; or (b) there has been any other technical irregularity or defect in the procedure; or (c) the proceedings of the trial court were a nullity by reason of want of jurisdiction or otherwise; proceedings in respect of the same offence to which the conviction and sentence referred may again be instituted, either on the original charge, suitably amended where necessary, or upon any other charge, as if the accused had not previously been arraigned, tried and convicted: 144