35.     Entries in certain books admissible in evidence in certain cases

            Entries in ledgers, day-books, cash-books and other account-books of any bank shall be admissible in all legal proceedings as prima facie evidence of the matters, transactions and accounts therein recorded, on proof being given by the affidavit in writing of one of the directors, managers or officers of such bank, or by other evidence, that such ledgers, day-books, cash-books, or other account-books are or have been the ordinary books of such bank, and that the said entries have been made in the usual and ordinary course of business, and that such books are in or come immediately from the custody or control of such bank.

36.     Examined copies also admissible

            Copies of all entries in any ledgers, day-books, cash-books or other account-books used by any such bank may be proved in all legal proceedings as evidence of such entries, without production of the originals, by means of the affidavit of a person who has examined the same, stating the fact of the said examination, and that the copies sought to be put in evidence are correct.

37.     Notice that such evidence will be adduced must be given, and liberty given to inspect

            No ledger, day-book, cash-book or other account-book of any such bank, and no copies of entries therein contained, shall be adduced or received in evidence under this Part, unless ten days' notice in writing, or such other notice as may be ordered by the court, containing a copy of the entries proposed to be adduced, and of the intention to adduce the same in evidence, shall have been given by the party proposing to adduce the same in evidence to the other party or parties to the said legal proceedings, and that such other party or parties is or are at liberty to inspect the original entries and the accounts of which such entries form a part.

38.     Party receiving notice may apply to a judge for liberty to inspect

            On the application on any party to any legal proceedings who has received such notice, a judge may order that such party be at liberty to inspect and to take copies of any entry or entries in the ledger, day-book, cash-books or other account-books of any such bank, relating to the matters in question in such legal proceedings, and such orders may be made by such judge, at his discretion, either with or without summoning before him such bank or the other party or parties to such legal proceedings, and shall be intimated to such bank at least three days before such copies are required.

39.     Judge may order that entries and copies shall not be admissible

            On the application of any party to any legal proceedings who has received notice, a judge may order that such entries and copies mentioned in the said notice shall not be admissible as evidence of the matters, transactions and accounts recorded in such ledgers, day-books, cash-books and other account-books.

40.     Bank not compelled to produce any books unless ordered by judge

            No bank shall be compelled to produce the ledgers, day-books, cash-books or other account-books of such bank in any legal proceedings unless a judge specially orders that such ledgers, day-books, cash-books or other account-books should be produced at such legal proceedings.

41.     Part not to apply to proceedings to which bank is a party

            Nothing in this Part contained shall apply to any legal proceedings to which any bank whose ledgers, day-books, cash-books or other account-books may be required to be produced, shall be a party.

42.     Interpretation

            In this Part-

            "bank" means any joint-stock company trading as bankers in Botswana;

            "court" means the court, judge, Master of the High Court, arbitrator or other person authorized to preside over the said legal proceedings for the time being, and shall include all persons, judges or officers having jurisdiction and authorized to preside over the said legal proceedings or the procedure or any steps therein;

            "judge" means any judge of the court seized of the legal proceedings and in the case of a subordinate court means a magistrate;

     "legal proceedings" includes all proceedings in courts of justice, and all proceedings by way of arbitration, examination of witnesses, assessment of damages, compensation or otherwise in which there is power to administer an oath.