(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 section 82 of Act 9 of 1999] (b) the Post Office Savings Bank of Zimbabwe operating under the Post Office Savings Bank Act [Chapter 24:10]; or (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 Corporation Act [Chapter 18:02]; or [Paragraph amended by section 29 of Act 14 of 1998.] (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 section, the business of a bank, building society or other such financial institution as is mentioned in paragraph (a), (b), (c) or (d) of the definition of “bank”. 286 Entries in bankers books and bankers documents admissible in evidence in certain cases (1) The entries in any bankers books shall be admissible as prima facie evidence of the matters, transactions and accounts recorded therein on proof being given by the affidavit of any director, manager or officer of the bank concerned or by other evidence that— (a) such bankers books are or have been the ordinary books of the bank; and (b) the said entries have been made in the usual and ordinary course of business; and (c) the bankers books are in, or come immediately from, the custody or control of the bank. (2) Any bankers documents shall be admissible as prima facie evidence of the matters or transactions recorded therein or endorsed thereon on proof being given by the affidavit of any director, manager or officer of the bank concerned or by other evidence that such document— (a) has been received or executed and kept by the bank in the usual and ordinary course of business; and (b) is in, or comes immediately from, the custody or control of the bank. (3) Any document which purports— (a) to be an affidavit of a person who is director, manager or officer of a bank; and (b) to have been made before a person who is qualified in the country concerned to administer an oath; shall be admissible upon its mere production. 287 Examined copies admissible after due notice (1) Subject to this section and section two hundred and eighty-nine, a copy of any entry in any bankers book or of any bankers document may be proved in any criminal procee dings as evidence of such entry or document without production of the original by means of the affidavit of a person who has examined the same stating— (a) the fact of that examination; and (b) that the copy sought to be put in evidence is correct. (2) No bankers book or copy of an entry therein contained and no bankers document or copy thereof shall be adduced or received in evidence under subsection (1) unless ten days’ notice in writing, or such other notice as may be ordered by the court before which the proceedings are being or are to be conducted, containing a copy of the entries or documents proposed to be adduced and of the intention to adduce the same in evidence has been given by the party proposing to adduce the same in evidence:

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