(4) Subsection (3) shall apply even if the evidence concerned was not recorded verbatim and the transcript of the evidence was taken from notes made by the judge or magistrate before whom the evidence was taken. 30 Taking of evidence in advance of hearing (1) Where a party to proceedings that have been commenced has reason to believe that a person who may give material evidence in the proceedings will not be available to do so, whether through absence from Zimbabwe or for any other reason, the party may apply to the court before which the proceedings have been commenced for an order allowing that person’s evidence to be taken by the court in advance of the trial or hearing, and the court may grant the application on such conditions, whether as to the nature of the evidence that may be taken or othe rwise, as it thinks fit. (2) Evidence taken pursuant to an order in terms of subsection (1) shall be admissible, subject to this Act, in the proceedings concerned: Provided that, if the person whose evidence was taken is available to give evidence in the proceedings, the court may refuse to admit his evidence as so taken. (3) A document which purports to be a transcript of evidence given by a person pursuant to an order in terms of subsection (1), and which purports to be certified as a true transcript by the official having custody of the record of the proceedings at which the evidence was taken, shall be admissible on its production by any person as evidence of the facts stated therein. (4) Subsection (3) shall apply even if the evidence concerned was not recorded verbatim and the transcript of the evidence was taken from notes made by the person before whom the evidence was taken. 31 Proof of previous criminal conviction (1) In this section— “military court” has the meaning assigned to the term in section 2 of the Defence Act [Chapter 11:02]. (2) Subject to this section, where it is relevant in civil proceedings to prove that a person committed a criminal offence or did or omitted to do anything referred to in subsection (3), the fact that he has been convicted of that offence by any court in Zimbabwe or by a military court in Zimbabwe or elsewhere shall be a dmissible in evidence for the purpose of such proof. (3) Where it is proved in any civil proceedings that a person has been convicted of a criminal offence, it shall be presumed unless the contrary is shown— (a) that he did all acts necessary to constitute the offence; or (b) where the offence is constituted by an omission to do anything, that he omitted to do that thing; as the case may be. (4) Evidence of a criminal conviction— (a) shall not be adduced for the purposes of this section if the conviction is the subject of an appeal in terms of any law, until the appeal has been finally determined or has lapsed or been withdrawn or abandoned; (b) may be adduced for the purposes of this section even if the convicted person has subsequently been pardoned. (5) For the purposes of proving in civil proceedings that a person was convicted of a criminal offence, a document which— (a) purports to be a copy of the record of the criminal proceedings concerned or a copy of any part of the record which shows that the person was convicted of the offence; and (b) is proved to be a true copy of the original record or part thereof or purports to be signed and certified as a true copy by the official having custody of the original record; shall be admissible on its production by any person as prima facie proof that the person concerned was convicted of that offence: Provided that this subsection shall not preclude the admission of any other evidence to prove that the person committed the offence. 32 Proof of previous inconsistent statement (1) Any party to civil proceedings may prove that a witness who has given evidence in the proceedings has previously made a statement inconsistent with his testimony, whether or not the previous statement was made on oath and whether or not the witness has been declared hostile: Provided that, before the previous inconsistent statement is proved, the witness shall be asked whether or not he made the statement and shall be given sufficient particulars of the statement to enable him to identify the occasion on which it was made. (2) Where a previous inconsistent statement has been proved in terms of subsection (1) or has been admitted by the witness who made it, then, depending on all the circumstances, the court may give credence to the previous statement or to the witness’s testimony or may disbelieve both. 33 Evidence of character or reputation of party No evidence as to the character or reputation of any party to civil proceedings shall be admissible except—