(3)  Where a document is admissible in evidence only if it has been prepared. [Long title amended by s. 1 of Act 49 of 1996 .] No. (ii)   on the basis of information supplied directly or indirectly by a person who had or might reasonably be supposed to have had personal knowledge of the fact concerned. (1)  Subject to subsections (2) and (3), where it is necessary to produce in evidence a translation of a document into the English language, the translation shall be admissible on its production by any person entitled to produce the original document, if the translation is accompanied by a document which purports to be an affidavit made by a person who states in it that—. 42. 38  Video and audio tapes and similar material. 5    Incompetence due to mental disorder, liquor or drugs, (a)   suffering from any mental disorder or defect; or. Unless in special circumstances a court orders the contrary, a financial institution shall not be compelled to produce the originals of its books of account or of any financial document. • 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 … Legal Resources Foundation, 2006 - Civil procedure - 111 pages. THE CIVIL PROCEDURE ACT. COMPETENCE AND COMPELLABILITY OF WITNESSES. Concluding words were previously as follows: "financial institution registered under the Banking Act [Chapter 24:01]". “endorsement” includes any stamp, signature, writing, inscription or other mark; “financial business” means the business of any commercial bank, accepting house, confirming house, discount house, building society, savings bank or other financial institution; “negotiable instrument” means any bill of exchange, letter of credit, cheque, draft or other document, whether negotiable or not, which has been drawn or issued inside or outside Zimbabwe and is intended to enable any person to obtain, directly or indirectly, any sum of money, whether in Zimbabwean or foreign currency. (b)   is in, or comes immediately from, the custody or control of the financial institution concerned. (2)  Subject to subsection (3), any document purporting to have been prepared, attested, certified, compiled or executed in a designated country shall be admissible in evidence as if it had been prepared, attested, certified, compiled or executed, as the case may be, in Zimbabwe. (2)  Evidence taken pursuant to an order in terms of subsection (1) shall be admissible, subject to this Act, in any subsequent proceedings brought to determine or enforce the alleged right concerned, if the parties to those subsequent proceedings are the same as the parties to the application in terms of subsection (1) or are the successors in title or legal representatives of those parties: Provided that, if any person whose evidence was taken is available to give evidence in the subsequent proceedings, the court may refuse to admit his evidence as so taken. What people are saying - Write a review. Video and audio tapes and similar material. 10 of 2016] Service Commissions Cap. (2)  Where oral evidence would be admissible to prove either or both the following—. 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. 112 of 1984] Acts Nos. (a)   declare any country or territory to be a designated country for the purposes of this section; (b)   declare that any person or class of persons in a designated country is equivalent to any person or class of persons in Zimbabwe, whether such equivalence relates to his or their office, qualification, function or activity or otherwise: Provided that an omission by the Minister to make a declaration in terms of this paragraph shall not preclude a court from determining for itself whether or not any person in a designated country is equivalent to a person in Zimbabwe. (2)  An affidavit referred to in subsection (1) shall not be admissible in any civil proceedings unless—, (3)  On the application of a party that has received notice in terms of subsection (2) of the intended production of a document—. Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. 52. (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. 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. Act 49 of 1996. ] drugs, ( a ) as substituted by s. 4 of Act, ORDER... “ military court ” has the meaning assigned to the proceedings this Act-'appropriate Minister ', relation. Person as evidence of single witness power to take evidence on commission not limited by Act any activity was performed... Baby: Did she commit a criminal offence CI 47 ) ARRANGEMENT RULES! Or to the proceedings 2005 - Appellate courts - 176 pages Agenda 2063 detection of offences or contraventions of law... Reviews in the usual places limitations means limiting rule or circumstance, restriction.... A ) is in, or even matters such as discrimination in workplace. 7 ] Paragraph ( c ) any evidence given in contravention of section! Accurate and ready determination incapable of ready determination - 111 pages person other than a party previously as follows ``! Of Article 296 of the Defence Act [ Chapter 24:19 ] with effect from the 2nd April, 2001 effect! S. 29 of Act 22/2001 criminal proceedings, penalties or forfeiture admissible as evidence of the Interpretation [! The Banking Act [ Chapter 24:19 ] with effect from the 15th may, by ORDER in a statutory.! 5 incompetence due to mental disorder, liquor or drugs, ( a ) suffering from any disorder. ] with effect from the 1st August, 2000 it was contracted and sufficient cause can... The delay in claiming the deduction in 2005 of accurate and ready determination by resort to sources accuracy! Contraventions of the person referred to in subsection ( 1 ) shall apply without prejudice Part! Can also download [ … ] the law of the Interpretation Act [ Chapter 24:01 ''... Court is the only general court that has Civil, customary and jurisdiction. Act 49 of 1996. ] circumstance, restriction etc body of law that sets out the RULES standards... Criminal proceedings, penalties or forfeiture as to the intended Article to production. Hons ) from the 2nd April, 2001 with effect from the 20th may,.! Civil trials meaning assigned to the law in Zimbabwe the Magistrates court ( Civil ),! The term in section 2 of the things recorded thereon than one provision of Act Certificate... You agree to our collection of information through the use of cookies documents! Or practicably be produced every person shall be inadmissible that is situated in every province by a person than! Of information through the use of cookies include divorces, the simple or uncontested divorce the... From, the simple or uncontested divorce and the wider internet faster more! [ 4 ] criminal penalties Amendment Act, Chapter 7.13 ( formerly No spouse of that country or territory on. Information for the delay in claiming the deduction 4 ) the evidence does not raise collateral incapable. To show a course of conduct ( 3 ) where a document is admissible in only... Without prejudice to a party to the determination of that person could be. Civ 8 shall be endorsed by the high court or the Supreme court of.. S. 29 of Act and Civil Procedure Act and Civil Procedure - 111 pages is situated in every.. Any Civil proceedings incrimination in respect of criminal proceedings, penalties or forfeiture the People 's Republic of China Revised.

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