241 Parties may examine witness (1) Any party to any criminal proceedings in which a commission is issued may transmit any interrogatories in writing which the judge or magistrate directing the commission may think relevant to the issue, and the magistrate or other person to whom the commission is directed shall examine the witness upon such interrogatories. (2) Any such party may appear before such magistrate or other person by his legal representative or, if not in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the witness. 242 Return of commission (1) After a commission under section two hundred and forty has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the court which issued it. (2) The commission, the return thereto and the deposition shall be open at all reasonable times to the inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. (3) Any deposition taken in terms of the commission may also be received in evidence at any subsequent stage of the case before another court. 243 Adjournment of inquiry or trial Where a commission is issued under section two hundred and forty, the trial or other criminal proceedings may be adjourned for a specified time, reasonably sufficient for the execution and return of the commission. [Section amended by section 28 of Act 9 of 2006.] C. Competency of witnesses 244 No person to be excluded from giving evidence except under this Act Every person not expressly excluded by this Act from giving evidence shall be competent and compellable to give evidence in a criminal case in any court in Zimbabwe. [Section amended by section 28 of Act 9 of 2006.] 245 Court to decide questions of competency of witnesses It shall be competent for the court in which any criminal case is depending to decide upon all questions concerning the competency and compellability of any witness to give evidence. [Section amended by section 28 of Act 9 of 2006.] 246 Incompetency from mental disorder or defect and intoxication No person appearing or proved to be afflicted with idiocy or mental disorder or defect or labouring under any imbecility of mind arising from intoxication or otherwise, whereby he is deprived of the proper use of reason, shall be competent to give evidence while under the influence of any such malady or disability. 247 Evidence for prosecution by husband or wife of accused (1) In this section— “children” means sons, daughters and adopted children of any age. (2) The wife or husband of an accused person shall be competent and compellable to give evidence for the prosecution without the consent of the accused person where such person is prosecuted for any offence against the person of either of them or any of the children of either of them, or for any of the following offences— (a) rape;. (b) aggravated indecent assault; (c) sexual intercourse or performing an indecent act with a young person; (d) sexual intercourse within a prohibited degree of relationship; (e) kidnapping or unlawful detention of a child; (f) bigamy; (g) perjury committed in connection with or for the purpose, of any judicial proceedings instituted or to be instituted or contemplated by the one of them against the other, or in connection with or for the purpose of any criminal proceedings in respect of any offence included in this subsection. [Subsection substituted by section 17 of Act 9 of 2006.] (3) The wife or husband of an accused person shall be competent, but not compellable, to give evidence for the prosecution without the consent of the accused person where such person is pros ecuted for an offence against the separate property of the wife or husband of the accused person. 248 Evidence of accused and husband or wife on behalf of accused (1) Any accused person, and the wife or husband, as the case may be, of an accused person, shall be a competent witness for the defence at every stage of the proceedings, whether the accused person is charged solely or jointly with any other person: Provided that— (i) an accused person shall not be called as a witness, except upon his own application; (ii) the wife or husband of an accused person shall not be called as a witness for the defence, except upon the application of the accused person.