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 hundred and forty, two hundred and forty-one, two hundred and forty-two and two hundred and fortythree shall apply, mutatis mutandis, to such commission. (4) Any document which purports— (a) to be an affidavit of a person who has examined an entry in a bankers book or a bankers document and stating the things referred to in paragraphs (a) and (b) of subsection (1); 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. 288 Bank not compelled to produce any books unless ordered by court A bank shall not be compelled to produce its bankers books or any bankers documents in any criminal proceedings unless the court specially orders that such bankers books or bankers documents shall be produced. 289 Sections 286, 287 and 288 not to apply to proceedings to which bank is party Nothing in sections two hundred and eighty-six, two hundred and eighty-seven and two hundred and eightyeight shall apply to any criminal proceedings to which the bank whose bankers books or bankers documents may be required to be produced in evidence is a party. J. Privileges of witnesses 290 Privileges of accused persons when giving evidence An accused person called as a witness upon his own application shall not be asked, and if asked shall not be required to answer, any question tending to show that he has commi tted, or has been convicted of, or has been charged with, any offence other than that with which he is then charged, or is of bad character, unless— (a) he has personally or by his legal representative asked questions of any witness with a view to establishing, or has himself given evidence of, his own good character, or unless the nature or conduct of the defence is such as to involve imputation of the character of the prosecutor or the witnesses for the prosecution; or (b) he has given evidence against any other person charged with the same offence; or (c) the proceedings against him are such as are described in section three hundred and five or three hundred and six, and the notice required by the section concerned has been given to him; or (d) the proof that he has committed or been convicted of such other offence is admissible to show that he is guilty of the offence wherewith he is then charged. 291 Privilege arising out of marital state (1) A husband shall not be compelled to disclose any communication made to him by his wife during marriage, and a wife shall not be compelled to disclose any communication made to her by her husband during the marriage. (2) A person whose marriage has been dissolved or annulled by a competent court shall not be compelled to give evidence as to any matter or thing which occurred during the subsistence of the marriage or supposed ma rriage, and as to which he or she could not have been compelled to give evidence if the marriage still subsisted. 292 No witness compellable to answer question which witness’ husband or wife might decline No person shall be compelled to answer any question or to give any evidence if the question or evidence is such that under the circumstances the husband or wife of such person, if under examination as a witness, might lawfully refuse and could not be compelled to answer or give. 293 Witness not excused from answering question by reason that answer would establish civil claim against him A witness in criminal proceedings may not refuse to answer a question relevant to the issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever by