CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007
(5) Without derogation from subsections (2) and (3), where oral evidence would be
admissible to prove the physical condition or identity of a deceased person or dead body while
the person or body was in a hospital, clinic, nursing-home, mortuary or ambulance, a document
which purports to be an affidavit made by a person who states in it that he is or was employed at
or in connection with the hospital, clinic, nursing-home, mortuary or ambulance and further
states any or more of the following facts—
(a) that in the performance of his duties he observed the physical characteristics of the
deceased person or dead body described in the affidavit;
(b) that while the deceased person or dead body was in his care the person or body
sustained the injuries described in the affidavit or sustained no injuries;
(c) that he identified, pointed out or handed over the deceased person or dead body to
another person or left the deceased person or dead body in the care of another person;
(d) that the deceased person or dead body was pointed out or handed over to him or was
left in his care by another person;
shall be admissible, subject to subsection (12), on its production by any person as prima facie
proof of any such fact.
(6) Where oral evidence would be admissible to prove the identity of a deceased person or
dead body, a document which purports to be an affidavit made by a person who states in it
that—
(a) he knew the deceased person in his lifetime; and
(b) he identified the deceased person or his body to another person;
shall be admissible, subject to subsection (12), on its production by any person as prima facie
proof of those facts.
(7) Where oral evidence would be admissible to prove the receipt, delivery, dispatch,
custody, packing or marking of any article whatsoever, a document purporting to be an affidavit
made by a person who states in it that he is or was employed by the State or is or was a medical
practitioner and, where appropriate, that—
(a) in the performance of his duties as such he received such an article from or delivered
or dispatched such an article to a person or place mentioned in the affidavit;
(b) he had the custody of such an article during a period mentioned in the affidavit;
(c) when he received, delivered or dispatched the article referred to in paragraph (a) or
while it was in his custody, it was packed or marked in the manner described in the
affidavit;
shall be admissible, subject to subsection (12), on its production by any person as prima facie
proof of any such fact.
(8) Where oral evidence would be admissible to prove the correctness of any details set out
in—
(a) a consignment note executed for the purpose of transporting goods by a person who
carries on business within Zimbabwe as a public carrier, whether by road, rail or air; or
(b) a report prepared by an employee of a person referred to in paragraph (a) revealing a
discrepancy between the goods dispatched on a consignment referred to in that
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