be submitted to the court or magistrate, as the case may be, as evidence of the genuineness or otherwise of the
writing in dispute.
[Section amended by section 28 of Act 9 of 2006.]
262 Certified copy of record of criminal proceedings sufficient without production of record
When it is necessary to prove the trial and conviction or acquittal of any person charged with any offence, it
shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy thereof, but it
shall be sufficient that it is certified or purports to be certified under the hand of the registrar or clerk of the court
or other officer having the custody of the records of the court where such conviction or acquittal took place, or by
the deputy of such registrar, clerk or other officer, that the paper produced is a copy of the record of the indictment, summons or charge and of the trial, conviction and judgment or acquittal, as the case may be, omitting the
formal parts thereof.
263 Issue estoppel
When it is legally competent, notwithstanding the former conviction of an accused, again to charge the accused with an offence arising out of the same act or omission upon which the former conviction was based, a
certified copy of the record of the former proceedings shall be admissible on its mere production by the prosecutor
as conclusive proof that the accused committed the former offence.
264 ….
[Section repealed by section 21 of Act 9 of 2006.]
265 Appointment to public office
Any evidence which would be admissible in any criminal case depending in the Supreme Court of Judicature
of England as evidence of the appointment of any person to any office or of the authority of any person to act as a
public officer shall be admissible in criminal cases in Zimbabwe.
[Section amended by section 28 of Act 9 of 2006.]
266 Proof of signature of public officer not necessary
In any criminal proceedings any document—
(a) purporting to bear the signature of any person holding a public office; and
(b) bearing a seal or stamp which purports to be a seal or stamp of the Ministry, department, office or
institution to which such person is attached;
shall on its mere production, without proof of such signature, seal or stamp, be presumed to be signed by such
person unless it is proved not to have been signed by him.
266A Admissibility of evidence obtained from certain foreign countries
(1) Subject to this section
(a) the record of any evidence taken; or
(b) any document or other article produced or obtained;
in response to a request made by the Attorney-General in terms of section 10 of the Criminal Matters (Mutual
Assistance) Act [Chapter 9:06] shall be admissible in evidence in any court on its mere production by any person,
if the court considers that it should be admitted in the interests of justice.
(2) In deciding whether or not it is in the interests of justice for any record, document or article to be admitted in evidence in terms of subsection (1), the court shall have regard to
(a) the nature of the proceedings; and
(b) the nature of the record, document or article; and
(c) the purpose for which the record, document or article is tendered in evidence; and
(d) any prejudice that may be occasioned to the accused or the prosecution if the record, document or article
is admitted in evidence; and
(e) any other factor which, in the court’s opinion, should be taken into account.
(3) In estimating the weight, if any, to be given to any record, document or article admitted in terms of subsection (1), the court shall have regard to all the factors which, in its opinion, affect its probative value.
(4) Where a document is admissible in evidence only if it has been prepared, attested, cert ified, compiled or
executed by a particular person or by a person holding a particular office, possessing a particular qualification,
performing a particular function or engaged in a particular activity, a similar document emanating from a foreign
country shall not be admissible in terms of subsection (1) unless it has been prepared, attested, certified, compiled
or executed, as the case may be, by an equivalent person in that foreign country.
(5) For the purposes of subsection (4), the Minister may, by statutory instrument, declare that any person or
class of persons in a foreign country shall be regarded as equivalent to any person or class of persons in Zimbabwe:
Provided that an omission by the Minister to make such a declaration shall not prevent a court from determining for itself whether or not any person in a foreign country is equivalent to a person in Zimbabwe.
Select target paragraph3
Add to table of contents