(3)  Where it is proved in any civil proceedings that a person has been convicted of a criminal offence, it shall be presumed unless the contrary is shown—, (a)   that he did all acts necessary to constitute the offence; or. Proof of certain matters by affidavit. 41. (3)  For the purpose of subsection (1), but without limiting it, public interest includes matters that relate to—, (a)   the security or defence of the State; or, (b)   the proper functioning of the Government; or, (d)   confidential sources of information which are concerned with the enforcement or administration of the law; or. Births and deaths registration Act - Zimbabwe 11 Years Ago admin Laws and acts governing the system. Conduct of Proceedings by a Person Other than a Party . 2. Zimbabwe; to amend the Citizenship of Zimbabwe Act [Chapter 4:01], the Criminal Procedure and Evidence Act [Chapter 9:07] and the Miscellaneous Offences Act [Chapter 9:15]; to repeal the Law and Order (Maintenance) Act [Chapter 11:07]; and to provide for matters connected with or incidental to the foregoing. Title of Parties . Because the majority of cases involve the payment of accounts for goods provided, or for services rendered, and for which the defendant has no valid defence, the Act provides in sections 55 to 60 a procedure whereby judgment may be obtained in this kind of instance without first issuing a summons and following the full summons procedure. Rec. (a)   whether or not the recording has been or may have been edited or interfered with in any way and, if it has, whether the editing or interference has materially affected its accuracy or authenticity; (b)   whether or not the recording is original or a copy and, if it is a copy—, (i)   the reason why the original recording has not been tendered in evidence; and. AN ACT to amend the law of evidence applicable to civil proceedings; and to provide for matters connected with or incidental to the foregoing. We haven't found any reviews in the usual places. The VAT Act has been amended to allow for the extension of time for claiming the deduction of input tax beyond the prescribed 12 months. (a)    which was made by a public officer pursuant to duty to ascertain the truth of the matters stated in the document and to make an accurate record thereof for public use; and. Rule Preliminary. 79. Decision may be based on evidence of single witness. (4)  It shall not be competent for any party to civil proceedings to disprove any fact admitted by him on the record of the proceedings: Provided that this subsection shall not prevent any such admission being withdrawn with leave of the court, in which event the fact that the admission was made may be proved in evidence and the court may give such weight to the admission as the court considers appropriate, bearing in mind the circumstances in which it was made and withdrawn. Zimbabwe. (1) In this Act— “civil proceedings” means proceedings which are not criminal in nature and which are before the Supreme Court, the High Court, a magistrates court or any other court to which the strict rules of evidence apply; “book of account”, in relation to a financial institution, means any ledger, day-book, cash-book or other book or record of account kept by the financial institution in the ordinary course of its business; “financial document” means any form or document relating to the deposit, payment, transfer or removal of moneys which is received or executed by a financial institution in the ordinary course of its business, and includes any instruction or notification in writing so received or executed by a financial institution in relation to any moneys held by or on account with that financial institution; (a)    any commercial bank, accepting house, discount house or finance house registered under the Banking Act [Chapter 24:20][6]; or, (b)    any building society registered under the Building Societies Act [Chapter 24:02]; or, (c)    the Corporation as defined in section 2 of the Agricultural Finance Act [Chapter 18:02][7]; or, (d)     the Reserve Bank of Zimbabwe established by the Reserve Bank of Zimbabwe Act [Chapter 22:10]; or. Comparison of any disputed handwriting with any handwriting proved to be genuine may be made by any witness, and such writings and the evidence of any witness with respect to them may be adduced to prove the genuineness or otherwise of the handwriting in dispute. Chapter-1 Preliminary 1. 52. (4)  Subsection (3) shall apply even if the evidence concerned was not recorded verbatim and the transcript of the evidence was taken from notes made by the person before whom the evidence was taken. The first type is the easiest to achieve since both parties wish to terminate the marriage and have agreed to the broad terms of the separation. Procedure on hearing ORDER 22—FAMILY VIOLENCE PROTECTION ACT 2008 22.01. [Chapter 15:05] and the Noxious Weeds Act [Chapter 19:07]; and to provide for matters connected with or incidental to the foregoing. (b)   whether or not the person who made the statement had any incentive, or might have been affected by the circumstances, to conceal or misrepresent any fact. Application to set aside order striking out appeal for failure to appear ORDER 23--—CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 23.01. Hearing of application . (2)  The opinion of a person who is not an expert as provided in subsection (1) shall be admissible to prove any fact relevant to an issue in civil proceedings if—, (a)   his opinion is based on what he saw, heard or otherwise perceived; and. Civil Protection Act, all these levels are required to produce operational emergency preparedness and response plans which they activate during emergencies / disasters. Academia.edu no longer supports Internet Explorer. (b)   the translation is a true and accurate translation of the document to the best of his ability; and thereupon the translation shall be presumed to be true and accurate, unless the contrary is proved. (3)  Subject to rules of court, the reasonable costs of an interpreter provided in terms of subsection (1) shall be allowed in the taxation of any costs that are awarded by the court. (5)  For the purposes of proving in civil proceedings that a person was convicted of a criminal offence, a document which—, (a)   purports to be a copy of the record of the criminal proceedings concerned or a copy of any part of the record which shows that the person was convicted of the offence; and. 15  Endorsements made outside Zimbabwe on negotiable instruments. From inside the book . (2)  Without derogation from section eight, no person shall disclose in evidence any confidential communication if the court has directed that it should not be disclosed, the court being satisfied that its disclosure would cause harm to—, (b)   the relationship between interested persons; or. (b)   administers or causes to be administered to him any form of admonition which seems likely to impress him and bind his conscience and which is not inhuman, immoral or irreligious and obviously unfit to be administered. (ii)   in the performance or his duties as a registered person he ascertained the fact, administered the treatment or performed or did the thing concerned and additionally, or alternatively, that he arrived at an opinion stated in the document; shall be admissible, subject to subsection (12), on its production by any person as prima facie proof of that fact or of the administration of that treatment or of the performance or doing of that thing, or of that opinion, as the case may be. (2)  Any party wishing to produce a translation of a document in terms of subsection (1) shall serve a copy of the translation on every other party to the proceedings in the time and manner required in terms of rules of court. These matters can include divorces, estate distribution, injury cases, or even matters such as discrimination in the workplace. (v)   for any other good and sufficient cause, cannot reasonably or practicably be produced. 0 Reviews. Acts 15/1992, 14/1995 (s. 29), 9/1999[1], 14/1999[2], 6/2000[3], 22/2001[4]. NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as follows:-PART I PRELIMINARY (sections 1-2) [Chap16:04s1]1 Short title This Act may be cited as the Public Service Act [Chapter 16:04]. (a)   the court may order the financial institution concerned, if it is not a foreign financial institution, to permit the party, on not less than three days’ notice, to inspect and take copies of any financial document or entry in its books of account; (b)   where the financial institution concerned is a foreign financial institution, the court may issue a commission in accordance with rules of court for evidence to be taken as to the correctness of any financial document, entry or copy thereof which is sought to be adduced in evidence. Legislation refers to the law validly enacted by the legislative authority of Zimbabwe and assented to by the President of Zimbabwe. rrss??rs? (4)  For the purpose of determining whether or not any matter should be declared privileged in terms of subsection (1), and in weighing up the balance of interests referred to therein, the court shall have regard to—, (a)   the likely effect on the public interest if the matter concerned is disclosed; and, (b)   the importance of the matter concerned in relation to the proceedings and the need to do justice to the parties; and, (c)   the nature of the cause of action and the subject matter of the proceedings; and. 1 Cap. 20. 3. PART I PRELIMINARY 1 Short title and date of commencement (1) This Act may be cited as the Environmental Management Act [Chapter 20:27]. (b)   is proved to be a true copy of the original record or part thereof or purports to be signed and certified as a true copy by the official having custody of the original record; shall be admissible on its production by any person as prima facie proof that the person concerned was convicted of that offence: Provided that this subsection shall not preclude the admission of any other evidence to prove that the person committed the offence. Short title and commencement: (1) This Act may be cited as the "National Civil Procedure (Code) Act, 2017". From inside the book . Contents of Writ (d)   any other matter whatsoever which, in terms of rules of court or any other enactment, the court is required to accept as correct or of which it is required to take judicial notice. (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. 40  Admissibility of financial documents, entries in books of account and copies thereof, Subject to this Part, a financial document shall be admissible as prima facie proof of any fact recorded therein if direct oral evidence of that fact would be admissible, and if it is proved that the financial document—, (a)   was received or executed and kept by the financial institution concerned in the ordinary course of its business; and. “interested person”, in relation to a confidential communication, means a person, to whom, by whom, about whom or on whose behalf the confidential communication was made. (2)  A signature on a document purporting to be the signature of a person holding public office shall be regarded as a statement for the purposes of subsection (1). [1]               Banking Act [Chapter 24:20] with effect from the 1st August, 2000. (2)  Recording material shall be admissible as evidence of the things recorded thereon. Incompetence due to mental disorder, liquor or drugs. (2) Subject to subsection (3), this Act shall come into operation on the date of its promulgation. (2)  If it is appropriate in the circumstances to do so, a court may conduct any examination or hear any evidence in terms of subsection (1) in private and may take such other steps as the court considers necessary to limit publication of the proceedings or disclosure of the statement, matter or thing concerned, whether in terms of the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] or otherwise. (3)  A document which purports to be a transcript of evidence given by a person pursuant to an order in terms of subsection (1), and which purports to be certified as a true transcript by the official having custody of the record of the proceedings at which the evidence was taken, shall be admissible on its production by any person as evidence of the facts stated therein. 'G' Writ of civil imprisonment. (2)  Evidence of a statement referred to in subsection (1) shall be admissible even where the person who made the statement is called as a witness in the proceedings concerned. To qualify for the extension the taxpayer must satisfy the Commissioner that there was good cause for the delay in claiming the deduction. (13)  This section shall not be construed as limiting any provision of this Act or any other enactment under which any document is made admissible in evidence. 3. 30. (b)   he ascertained the fact by means of the scientific examination or process and additionally, or alternatively, that he arrived at an opinion stated in the document; shall be admissible, subject to subsection (12), on its production by any person as prima facie proof of that fact or opinion. Proof by affidavit of financial documents, entries in books of account and copies thereof. (4)  Without derogation from subsection (2), where oral evidence would be admissible to prove a fact relating to one or more of the following—. 81. 47  Administration of oath, affirmation or admonition. 2. 54  Evidence admissible under more than one provision of Act. HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . 1 (a) a person who is a nominee or an employee of a member; (b) a conjugal partner or former spouse of a member; (c) a firm of which a member, or the member’s nominee, is a partner or a person in charge or in control of its business or affairs; (d) a company in which a member or the member’s nominee, In Zimbabwe the Magistrates Court is the only general court that has civil, customary and criminal jurisdiction that is situated in every province. Contents. 1 Cap. 2. 50  Court may examine evidence to deter admissibility or existence of privilege, (1)  For the purpose of determining whether or not any statement, matter or thing is or should be admissible in evidence or privileged from disclosure in terms of this Act, a court shall be entitled, but not obliged—, (a)   to examine the statement, matter or thing; and. (3)  No person shall disclose in evidence any confidential communication between a client, or his employee or agent, and a third party, where the confidential communication was made for the dominant purpose of obtaining information or providing information to be submitted to the client’s legal practitioner in connection with pending or contemplated legal proceedings in which the client is or may be a party. (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. Apart from the above, the Civil Matters (Mutual Assistance) Act [Chapter 8:02] allows for the registration of awards from an international tribunal as may be declared from time to time. 1 Cap. (1)  Where a witness is unable to give evidence in the language in which the proceedings are being held, the party calling him as a witness shall cause him to be provided with the services of a properly qualified interpreter, approved by the court, to translate his evidence into that language. 1047/71 and Supreme Court of Zimbabwe Act, Chapter 7.13 (formerly No. 9    Privilege of confidential communications. • Procedure: Direction against employer- – Application to the maintenance officer of the Maintenance Court where the order is registered – section 9(1) of the Act; – Maintenance officer gives notice to the responsible person and the employer calling upon them to appear on specified date to show cause why the direction should not be made section 9(2) of the Act; – Court conducts inquiry and makes direction … 48. (b)   one or more combinations of computers; whether operating continuously or in succession over the period, all the computers shall be treated for the purposes of this section as constituting a single computer. 'J' Certificate of service of foreign process. No. 4. (4)  Any evidence given in contravention of this section shall be inadmissible. Where an issue as to the admissibility of any evidence or the competence or compellability of any witness arises which is not provided for in this Act, the issue shall be determined according to the law applicable in similar cases before the Supreme Court of Judicature in England: Provided that nothing in this section shall give effect with Zimbabwe to any enactment passed by the Parliament of the United Kingdom after the 1st June, 1927. The Law in Zimbabwe . [2]         Agricultural Finance Corporation Amendment Act, 1999 with effect from the 15th May, 2000. (2)  A copy of or extract from a public document which is proved to be a true copy or extract or which purports to be signed and certified as a true copy or extract by the official who has custody of the original, shall be admissible in evidence on its production by any person and shall be prima facie proof of the facts stated therein. Administration of oath, affirmation or admonition. A.   that the person or thing concerned is or is not registered or licensed or that a permit, certificate or authority has or has not been issued to that person or thing; B.   any particular referred to in paragraph (b); C.   that anything referred to in paragraph (c) has or has not been done; (11)  The court in which a document referred to in this section is produced may, of its own motion or at the request of a party to the civil proceedings concerned—, (a)   cause the person who made the document or any other person whose evidence appears to be necessary to give oral evidence in relation to any statement contained in the document; or. This Act may be cited as the Civil Evidence Act [Chapter 8:01]. 47. [1st July, 1984] [G.N. (a)   any fact ascertained by a registered person in the course of his duties; (b)   that any treatment was administered or other thing was performed or done by a registered person in the course of his duties; (c)   any opinion of a registered person relating to a fact, treatment or thing referred to in paragraph (a) or (b); a document which purports to be affidavit made by a person who states in it that—, (i)   he is or was a registered person of a class specified in the affidavit; and. (c)   any relationship similar to that referred to in paragraph (b); and that the harm would outweigh any prejudice to the parties or to the interests of justice that might be caused by the non-disclosure of the confidential communication. By using our site, you agree to our collection of information through the use of cookies. 77. 376 No. (2)  Evidence taken pursuant to an order in terms of subsection (1) shall be admissible, subject to this Act, in the proceedings concerned: Provided that, if the person whose evidence was taken is available to give evidence in the proceedings, the court may refuse to admit his evidence as so taken. 51  Court not obliged to believe any evidence. 28  Evidence in previous legal proceedings. ICLG - Mining Laws and Regulations - Zimbabwe covers common issues in mining laws and regulations – including the acquisition of rights, ownership requirements and restrictions, processing, transfer and encumbrance, environmental aspects, native title and land rights – in 15 jurisdictions. Home / Files / Civil Procedure Act and Civil Procedure Rules of Kenya. 82. (4)  Subsection (3) shall apply whether or not the marriage has been subsequently terminated by death or dissolved or annulled by order of a court. NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as follows:-PART I PRELIMINARY (sections 1-2) [Chap16:04s1]1 Short title This Act may be cited as the Public Service Act [Chapter 16:04]. 44. No evidence as to facts similar to those in issue shall be admissible in any civil proceedings except where—, (a)   the inference sought to be drawn from that evidence is sufficiently cogent to prove the fact in issue and goes further than showing a general disposition, habit, propensity, tendency or similarity or possession of a state of mind; and, (b)   the evidence is not unfair or oppressive to a party to the proceedings; and. 112 of 1984] Acts Nos. (1)  If a court considers that a person required to give evidence does not understand the nature or recognize the religious obligation of an oath, whether because of his age or lack of education or for some other reason, the court may permit him to give evidence without being sworn if, before he gives evidence, the court—, (a)   admonishes him to speak the truth, the whole truth and nothing but the truth; and. Order 1. Who may be joined as plaintiffs. (5)  The privilege from disclosure specified in this section shall not apply—, (a)   if the client consents to disclosure or waives the privilege; or, (b)   if the confidential communication was made to perpetrate a fraud, an offence or an act or omission rendering a person liable to any civil penalty or forfeiture in favour of the State in terms of any enactment in force in Zimbabwe; or. (1)  An admission as to any fact in issue in civil proceedings, made by or on behalf of a party to those proceedings, shall be admissible in evidence as proof of that fact, whether the admission was made orally or in writing or otherwise. Recognizance of witness to appear on trial. 2. Section 2 of the Constitution of Zimbabwe. (a)   any fact ascertainable by a scientific examination or process; (b)   any opinion relating to a fact referred to in paragraph (a); a document which purports to be an affidavit made by a person who states in it that—, (a)   he is qualified to carry out the scientific examination or process and indicating the nature of his qualifications; and. 32. (4)  For the purpose of showing that a document is admissible under this section, a document which purports to be an affidavit and which—, (b)   describes the manner in which the document was produced, giving sufficient information to show that it was produced by a computer in the circumstances described in subsection (2); and. (6)  A document which is admissible under this section may be produced in evidence by any person who for the time being has custody of the document or is responsible for managing the activity for which the document was produced. In terms of s 25(1) of the Supreme Court Act 59 of 1959, notwithstanding anything to the contrary contained in any law, no summons or subpoena against the Chief Justice, a judge of appeal or any other judge of the Supreme Court shall in any civil action be issued out of … (e)   any means available to limit the publication of the evidence, whether in terms of the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] or otherwise. (c)    being a marriage contracted outside Zimbabwe, is recognized as a valid marriage in the country in which it was contracted. Civil procedure applies to the process where two parties bring a case to the court for a decision on a particular matter. 2 of 1984 13 of 1986 10 of 1989 4 of 1991 27 of 1991 3 of 1992 2 of 1996 13 of 1996 17 of 1996 (b)   the evidence of the person referred to in paragraph (a) is admitted by the parties to the proceedings. Criminal Procedure Act 51 of 1977 Transfer of Powers and Duties of the State President Act 97 of 1986 Law of Evidence Amendment Act 45 of 1988 Justice Laws Rationalisation Act 18 of 1996 General Law Amendment Act 49 of 1996 ACT To state the law of evidence in regard to civil … (b)   is in, or comes immediately from, the custody or control of the financial institution concerned. (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 paragraph and the goods that arrived at the destination specified in the consignment note; a document which purports to be an affidavit made by a person who states it that he prepared the consignment note or report and that the details set out in the consignment note or report are correct, shall be admissible, subject to subsection (12), on its production by any person as prima facie proof of the correctness of those details. Court may examine evidence to determine admissibility or existence of privilege. (2)  Except as otherwise provided in this section, the spouse of a party to civil proceedings shall be competent and compellable as a witness in those proceedings. “civil proceedings” means proceedings which are not criminal in nature and which are before the Supreme Court, the High Court, a magistrates court or any other court to which the strict rules of evidence apply; “computer” means any device or apparatus, whether commonly called a computer or not, which by electromechanical, mechanical or other means is capable of receiving or absorbing data and instructions supplied to it, of processing the data according to mathematical or logical rules and, in compliance with such instructions, of storing the data before or after such processing, and of producing information derived from the data as a result of such processing, and includes any printing unit attached to such a device or apparatus; “document” includes any record of information made in a permanent form; “give evidence” includes to answer a question and to produce a thing in evidence; “Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act; “statement” includes any representation, whether made in words or figures or otherwise. Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. The person presiding over the court or the senior person presiding, as the case may be, shall personally, or through a person designated by him for that purpose, administer an oath, affirmation or admonition to any witness who is required to give oral evidence in the civil proceedings concerned. 25th November 2014. 2 of 1984 13 of 1986 10 of 1989 4 of 1991 27 of 1991 3 of 1992 2 of 1996 13 of 1996 17 of 1996 attested, certified, compiled or executed by a particular person or by a person holding a particular office, possessing a particular qualification, performing a particular function or engaged in a particular activity, a similar document emanating from a designated country shall not be admissible in terms of subsection (2) unless it appears to have been prepared, attested, certified, compiled or executed, as the case may be, by an equivalent person in the designated country concerned. What people are saying - Write a review. 9. 3.25 In Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (CFMEU v Boral) 14 the High Court confirmed that contempt proceedings commenced under Order 75 of the General Civil Procedure Rules are civil proceedings and cannot be regarded as the equivalent of a criminal trial. Act, 1935, the General Law Amendment Act, 1952, the Criminal Procedure Act, 1955, and the Evidence Act, 1962, and to provide for other incidental matters. S. 4 of Act, 2002 out appeal for failure to appear ORDER 23 -- —CHARTER Human. Or financial documents, entries in books of account and copies thereof Hons ) from 15th! [ quoting statement of Senate Judiciary Committee chairman Biden, Cong financial institution is a party Litigation Projects with Lawyers! Divorces, estate distribution, injury cases, or comes immediately from, the or! Effect from the 15th may, 2002, is recognized as a valid marriage in the usual places lawsuits. 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