Evidence (Bankers' Books) Act, 1964

This section gives the Act its short title: Evidence (Bankers' Books) Act.

Jurisdiction: Zambia
Instrument: Act or statute
Citation: Act 31 of 1964
Version: 31 Dec 1996
Language: en
Official source: View official record ↗

bank records disclosure banking records books and records court costs court evidence court orders definitions document production inspection of records investigations proof requirements warrants witness compellability

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About this statute

This section gives the Act its short title: Evidence (Bankers' Books) Act. This section defines several terms used in the Act, including bank/banker, banker’s book, building society, court, Judge, and legal proceeding. In legal proceedings, a copy of an entry in a banker’s book must be accepted as prima facie evidence of that entry and the recorded matters, transactions, and accounts, subject to this Act. A copy of an entry in a banker's book is not admissible unless specific proof is first given about the book, the entry, and the bank's custody or control. A copy of an entry in a banker’s book is not admissible in evidence unless it is additionally proved correct by comparison with the original entry.

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Provisions of Evidence (Bankers' Books) Act, 1964

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1
Short title ........................................................................................................................................................................................................... 1
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This section gives the Act its short title: Evidence (Bankers' Books) Act.

1. Short title This Act may be cited as the Evidence (Bankers' Books) Act.
2
Interpretation .................................................................................................................................................................................................... 1
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This section defines several terms used in the Act, including bank/banker, banker’s book, building society, court, Judge, and legal proceeding.

2. Interpretation In this Act, unless the context otherwise requires— "bank" or "banker" means any person carrying on the business of banking in Zambia under the provisions of the Banking and Financial Services Act [Cap. 387] "banker' book" includes ledgers, day books, cash books, account books and all other records used in the ordinary business of the bank, whether such records are in form or in microﬁlm, magnetic tape or any other form of mechanical or electronic data retrieval mechanism [As amended by Act No. 12 of 1980] "building society" means a building society incorporated in Zambia under the law for the time being in force relating to building societies; "court" means the court, Judge, arbitrator or person or persons before whom a legal proceeding is held or taken; "Judge" means a Judge of the Supreme Court or a Judge of the High Court; "legal proceeding" means any civil or criminal proceeding or inquiry (including an arbitration) in which evidence is or may be given, in Zambia. [As amended by Act No. 12 of 1980]
3
Mode of proof of entries in banker's books .......................................................................................................................................... 1
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In legal proceedings, a copy of an entry in a banker’s book must be accepted as prima facie evidence of that entry and the recorded matters, transactions, and accounts, subject to this Act.

3. Mode of proof of entries in banker's books Subject to the provisions of this Act, a copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions and accounts therein recorded.
4
Proof that book is a banker's book .......................................................................................................................................................... 1
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A copy of an entry in a banker's book is not admissible unless specific proof is first given about the book, the entry, and the bank's custody or control.

4. Proof that book is a banker's book (1) A copy of an entry in a banker's book shall not be received in evidence under this Act unless it be ﬁrst proved that the book was at the time of the making of the entry one of the ordinary books of By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Evidence (Bankers' Books) Act, 1964 (Chapter 44) Zambia the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank. (2) Such proof may be given by a partner or ofﬁcer of the bank, and may be given orally or by an afﬁdavit sworn before any commissioner for oaths or person authorised to take afﬁdavits.
5
Veriﬁcation of copy ......................................................................................................................................................................................... 2
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A copy of an entry in a banker’s book is not admissible in evidence unless it is additionally proved correct by comparison with the original entry.

5. Veriﬁcation of copy (1) A copy of an entry in a banker's book shall not be received in evidence under this Act unless it be further proved that the copy has been examined with the original entry and is correct. (2) Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an afﬁdavit sworn before any commissioner for oaths or person authorised to take afﬁdavits.
6
Case in which banker, etc., not compellable to produce book, etc. ............................................................................................. 2
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A banker or bank officer generally cannot be forced to produce a banker's book or testify about its contents in proceedings where the bank is not a party, unless a judge orders it for special cause.

6. Case in which banker, etc., not compellable to produce book, etc. A banker or ofﬁcer of a bank shall not, in any legal proceedings to which the bank is not a party, be compellable to produce any banker's book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of a Judge made for special cause.
7
Court may order inspection, etc. ............................................................................................................................................................... 2
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A court may let a party to legal proceedings inspect and copy entries in a banker's book, and the order is served on the bank three clear days before it must be obeyed unless the court directs otherwise.

7. Court may order inspection, etc. (1) On the application of any party to a legal proceeding a court may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of the purposes of such proceedings. (2) An order under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank three clear days before the same is to be obeyed, unless the court otherwise directs.
8
Warrant to investigate ................................................................................................................................................................................... 2
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A judge or magistrate may issue a warrant to inspect a banker's book, and a person must comply with production, scrutiny, and copying requirements when the warrant is executed.

8. Warrant to investigate (1) Where it is proved on oath to a Judge or a magistrate that in fact, or according to reasonable suspicion, the inspection of any banker's book is necessary or desirable for the purpose of any investigation into the commission of an offence, the Judge or magistrate may by warrant authorise a police ofﬁcer or other person named therein to investigate the account of any speciﬁed person in any banker's book, and such warrant shall be sufﬁcient authority for the production of any such banker's book as may be required for scrutiny by the ofﬁcer or person named in the warrant, and such ofﬁcer or person may take copies of any relevant entry or matter in such banker's book. (2) Any person who fails to produce any such banker's book to the police ofﬁcer or other person executing a warrant issued under this section or to permit such police ofﬁcer or other person to scrutinise the same or to take copies of any relevant entry or matter therein shall be guilty of an offence and liable to a ﬁne not exceeding two thousand penalty units or to imprisonment for a term not exceeding one year, or to both. [As amended by Act No. 13 of 1994]
9
Costs ..................................................................................................................................................................................................................... 2
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The court decides costs for applications under this Act and related court orders, and may make a bank pay costs where the bank caused the delay or default.

9. Costs (1) The costs of any application to a court under or for the purposes of this Act, and the costs of anything done or to be done under an order of a court made under or for the purposes of this Act, shall be in the discretion of the court, which may order the same or any part thereof to be paid to any party by the bank where the same have been occasioned by any default or delay on the part of the bank. (2) Any such order against a bank may be enforced as if the bank was a party to the proceedings. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2

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Evidence (Bankers' Books) Act, 1964

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