(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: Provided that no judicial officer or assessor before whom the original trial took place shall take part in such proceedings. 382 How documents to be served (1) Unless a specific period is expressly provided, any notice or document required to be served upon an accused person shall be served by delivering it to the accused at least ten days before the day specified therein for his trial if his trial is before the High Court, or at least two days, Sundays and public holidays excluded, before that day if his trial is before a magistrates court or, where the accused cannot be found, by leaving a copy of the notice or document with a member of his household at his dwelling or, if no person belonging to his household can be found, then by affixing such copy to the principal outer door of the said dwelling or of any place where he actually resides or was last known to reside. (2) Where the accused has been admitted to bail, any such notice or document referred to in subsection (1) may either be served upon him personally or be left at the place specified in the recognizance as that at which any notice of trial and service of the indictment or summons may be made. (3) The officer serving any notice referred to in subsection (1) or (2) shall forthwith deliver or transmit to the official from whom he has received the notice or document for service a return of the mode in which service was made, and such return shall be prima facie evidence that the service of the notice or document was made in the manner and form stated in the return. (4) Police officers shall, subject to rules of court, be as qualified to serve any notice or document under this Act as if they had been appointed deputy sheriffs or deputy messengers or other like officers of the court. 383 Mode of proving service of process When it is necessary to prove service of any summons, subpoena, notice or other process or the execution of any judgment or warrant under this Act, the service or execution may be proved by affidavit made before a justice having jurisdiction to take affidavits in the area wherein the affidavit is made or in any other manner in which the service or execution might have been proved if it had been effected in the area wherein the summons, subpoena, notice or other process or judgment or warrant emanated. 384 Transmission of summonses and writs by telegraph Any summons, writ, warrant, rule, order, notice or other process, document or communication which, by any enactment or agreement of parties, is required or directed to be served or executed upon any person or left at the house or place of abode or business of any person in order that such person may be affected thereby, may be transmitted by telegraph, and a telegraphic copy served or executed upon such person or left at his house or place of abode or business shall be of the same effect as if the original had been shown to, or a copy thereof served or executed upon, such person, or left as aforesaid, as the case may be.