B. Local public prosecutor 11 Functions of local public prosecutor (1) All public prosecutors attached to a magistrates court are, as representatives of the Attorney-General and subject to his instructions, charged with the duty of prosecuting in that magistrates court, in the name and on behalf of Zimbabwe, all offences which, under any enactment governing magistrates courts or any other enactment, that magistrates court has jurisdiction to try. (2) Criminal proceedings instituted in a magistrates court by any local public prosecutor may be continued by any other public prosecutor. (3) When there is lodged with or made before a local public prosecutor a sworn declar ation in writing by any person disclosing that any other person has committed an offence chargeable in the magistrates court to which such public prosecutor is attached, he shall determine whether there are good grounds for prosecution or not: Provided that— (i) he may refer to the Attorney-General the question whether he shall prosecute or not; (ii) any other person may be specially authorized by the Attorney-General to prosecute in the matter. PART III P RIVATE P ROSECUTIONS 12 Interpretation in Part III In this Part— “private party” means a person authorized by section thirteen or fourteen to prosecute any offence. 13 Private prosecution on refusal of Attorney-General to prosecute In all cases where the Attorney-General declines to prosecute for an alleged offence, any private party, who can show some substantial and peculiar interest in the issue of the trial arising out of so me injury which he individually has suffered by the commission of the offence, may prosecute, in any court competent to try the offence, the person alleged to have committed it. 14 What other persons entitled to prosecute The following shall possess the right of prosecution— (a) a husband, in respect of offences committed against his wife; (b) the legal guardians or curators of minors or mentally disordered or defective persons, in respect of offences committed against their wards; (c) the wife or children or, where there is no wife or child, any of the next-of-kin of any deceased person, in respect of any offence by which the death of such person is alleged to have been caused; (d) public bodies and persons on whom the right is specially conferred by statute, in respect of particular offences. 15 Private prosecutor may apply to court for warrant Where, by virtue of the right of prosecution given to private parties by section thirteen or fourteen, any private party desires to prosecute for any offence any person for whose liberation from prison any warrant has been issued by the Attorney-General, such private party may apply to the High Court or, in case such court is not then sitting, to any judge, for a warrant for the further detention or, if he is on bail, for the detention of such person, and such court or judge shall make such order as to it or him seems right under the circumstances. 16 Certificate of Attorney-General that he declines to prosecute (1) Except as is provided by subsection (2), it shall not be competent for any private party to obtain the process of any court for summoning any party to answer any charge, unless such private party produces to the officer authorized by law to issue such process a certificate signed by the Attorney-General that he has seen the statements or affidavits on which the charge is based and declines to prosecute at the public instance, and in every case in which the Attorney-General declines to prosecute he shall, at the request of the party intending to prosecute, grant the certificate required. (2) When the right of prosecution referred to in this Part is possessed under any statute by any public body or person in respect of particular offences, subsection (1) shall not apply. 17 Recognizances to be entered into by private prosecutor No private party, other than a public body or person described in paragraph (d) of section fourteen, shall take any proceedings under the right conferred upon him by this Part until he— (a) has, if the prosecution is in the High Court, deposited a sum equivalent to level nine of the standard scale of the Criminal Law Code or entered into a recognizance in that amount with two sufficient sureties for each half of that amount, to be approved by such court, as security that he will prosecute the charge against the accused to a conclusion without delay; and [Paragraph amended by section 28 of Act 9 of 2006.]