CRIMINAL PROCEDURE AND EVIDENCE ACT 243 Adjournment of inquiry or trial Where a commission is issued under section two hundred and forty, the trial or other criminal proceedings may be adjourned for a specified time, reasonably sufficient for the execution and return of the commission. [Subsection as amended by s. 28 of Act No. 9 of 2006] C. Competency of witnesses 244 No person to be excluded from giving evidence except under this Act Every person not expressly excluded by this Act from giving evidence shall be competent and compellable to give evidence in a criminal case in any court in Zimbabwe. [Section as amended by s. 28 of Act No. 9 of 2006] 245 Court to decide questions of competency of witnesses It shall be competent for the court in which any criminal case is depending to decide upon all questions concerning the competency and compellability of any witness to give evidence. [Section as amended by s. 28 of Act No. 9 of 2006] 246 Incompetency from mental disorder or defect and intoxication No person appearing or proved to be afflicted with idiocy or mental disorder or defect or labouring under any imbecility of mind arising from intoxication or otherwise, whereby he is deprived of the proper use of reason, shall be competent to give evidence while under the influence of any such malady or disability. 247 Evidence for prosecution by husband or wife of accused (1) In this section— “children” means sons, daughters and adopted children of any age. (2) The wife or husband of an accused person shall be competent and compellable to give evidence for the prosecution without the consent of the accused person where such person is prosecuted for any offence against the person of either of them or any of the children of either of them, or for any of the following offences— (a) rape; (b) aggravated indecent assault; (c) sexual intercourse or performing an indecent act with a young person; (d) sexual intercourse within a prohibited degree of relationship; (e) kidnapping or unlawful detention of a child; (f) bigamy; (g) perjury committed in connection with or for the purpose of any judicial proceedings instituted or to be instituted or contemplated by the one of them against the other, or in connection with or for the purpose of any criminal proceedings in respect of any offence included in this subsection. [Subsection as substituted by s. 17 of Act No. 9 of 2006] (3) The wife or husband of an accused person shall be competent, but not compellable, to give evidence for the prosecution without the consent of the accused person where such person is prosecuted for an offence against the separate property of the wife or husband of the accused person. 248 Evidence of accused and husband or wife on behalf of accused (1) Any accused person, and the wife or husband, as the case may be, of an accused person, shall be a competent witness for the defence at every stage of the proceedings, whether the accused person is charged solely or jointly with any other person: Provided that— (i) an accused person shall not be called as a witness, except upon his own application; (ii) the wife or husband of an accused person shall not be called as a witness for the defence, except upon the application of the accused person. 92