CRIMINAL PROCEDURE AND EVIDENCE ACT purports to be certified as a true copy by a customary marriage officer as defined in section 2 of that Act, or a duplicate original register of the entry; (b) where the marriage is alleged to have been solemnized outside Zimbabwe, as soon as there has been produced to the court a document which purports to be an extract from a marriage register kept according to law in the country where the marriage is alleged to have been solemnized, and which also purports to be certified as such by an officer or person having the custody of that register: Provided that the signature of such officer or person to the certificate shall be authenticated in accordance with any enactment governing the authentication of documents executed outside Zimbabwe; (c) wherever the marriage is alleged to have been solemnized, as soon as the fact of the marriage ceremony has been proved. 302 Evidence of relationship on charge of incest On the trial of a person charged with incest— (a) it shall be sufficient to prove that the woman or girl on whose person or by whom the offence is alleged to have been committed is reputed to be related within the prohibited degree of consanguinity or affinity to the other party to the incest; (b) the accused person shall, until the contrary is proved, be presumed to have had knowledge at the time of the alleged offence of the relationship existing between him or her and the other party to the incest. 302A Testing of persons accused of sexual offences for HIV infection (1) In this section— “accused person” means a person accused of committing a sexual offence; “designated person” [Definition repealed by s. 25 of Act No. 9 of 2006] “sexual offence” [Definition repealed by s. 25 of Act No. 9 of 2006] (2) For the purposes of section 80 of the Criminal Law Code (“Sentence for certain crimes where accused is infected with HIV”), and without derogation from any other law, when an accused person is first brought before a court for remand on a charge of committing a sexual offence, or at any later stage, the court shall direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct, for the purpose of ascertaining whether or not he or she is infected with HIV. (3) Where a court has given a direction under subsection (2), any medical practitioner or suitably qualified nurse shall, if so requested in writing by a police officer above the rank of constable, take an appropriate sample from the accused person, and may use such force as is reasonably necessary in order to take the sample: Provided that the medical practitioner or suitably qualified nurse may decline to take an appropriate sample in terms of this subsection if he or she considers that such taking would be prejudicial to the health or proper care or treatment of the accused person. [Subsection as amended by s. 25 of Act No. 9 of 2006] (4) An appropriate sample taken in terms of subsection (3)— (a) shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or suitably qualified nurse concerned, in such quantity as is reasonably necessary for the purpose of determining whether or not the accused person is infected with HIV; and [Paragraph as amended by s. 25 of Act No. 9 of 2006] (b) in the case of a blood or tissue sample, shall be taken from a part of the accused person’s body selected by the medical practitioner or suitably qualified nurse concerned in accordance with accepted medical practice. [Paragraph as amended by s. 25 of Act No. 9 of 2006] 112