CRIMINAL PROCEDURE AND EVIDENCE ACT
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 proceedings 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:
Provided that such notice shall not be necessary if the other party to the proceedings waives
his right to such notice.
(3) On the application of any party who has received notice in terms of subsection (2) which
relates to the bankers books or bankers documents of a bank which—
(a) is not a foreign bank, the court before which the proceedings are being or are to be
conducted may order that such party be at liberty to inspect and to take copies of any
entry or entries in the bankers books or of the bankers documents of the bank concerned
and such orders may be made by the court in its discretion, either with or without
summoning before it such bank or the other party, and shall be intimated to such bank
at least three days before the copies are required;
(b) is a foreign bank, the court before which the proceedings are being or are to be conducted may issue a commission to any fit and proper person outside Zimbabwe authorizing that person to take the evidence of any witness specified in the commission as to
the correctness of the copies sought to be adduced and as to any matters that may be
contained in the bankers books or the bankers documents of the bank concerned relating
to the matters in question in the criminal proceedings and the provisions of sections two
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