acts of parliament

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Interpretation Act (Chapter 1:01)

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Interpretation Act (Chapter 1:01)

AN ACT to define certain terms when used in legislative enactments; to make provision with respect to the operation, commencement and interpretation of legislative enactments; to shorten the language of legislative enactments; and for other purposes.

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Agricultural Land Settlement Act (Chapter 20:01)

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Agricultural Land Settlement Act (Chapter 20:01)

AN ACT to provide for the establishment of an Agricultural Land Settlement Board and to prescribe the functions and duties thereof; to provide for the settlement of persons on, and the alienation of, agricultural land; and to provide for matters incidental to and connected with the foregoing. 

[Date of commencement: 1st January 1970.] 

 

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Alienated Land (Information) Act (Chapter 20:02 )

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Alienated Land (Information) Act (Chapter 20:02 )

AN ACT to provide for the obtaining of information regarding the nature and extent of occupation or use of alienated land.

[Date of commencement: 3rd July 1925.]

 

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Parks And Wild Life Act (Chapter 20:14)

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Parks And Wild Life Act (Chapter 20:14)

AN ACT to establish a Parks and Wild Life Board; to confer functions and impose duties on the Board; to provide for the establishment of national parks, botanical reserves, botanical gardens, sanctuaries, safari areas and recreational parks; to make provision for the preservation, conservation, propagation or control of the wild life, fish and plants of Zimbabwe and the protection of her natural landscape and scenery; to confer privileges on owners or occupiers of alienated land as custodians of wild life, fish and plants; to give certain powers to intensive conservation area committees; and to provide for matters incidental to or connected with the foregoing.

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Land Survey Act (Chapter 20:12)

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Land Survey Act (Chapter 20:12)

 

AN ACT to consolidate and amend the laws relating to the survey of land.

[Date of commencement: 1st May, 1933.]

 

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LAND OCCUPATION CONDITIONS ACT (CHAPTER 20:11)

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CHAPTER 20:11

LAND OCCUPATION CONDITIONS ACT

Ords. 14/1900, 4/1902, 8/1905; Acts 37/1938 (ss. 3 and 14), 1/1954, 77/1971 (s. 22), 20/1982; R.G.Ns. 153/1963, 216/1970, 217/1970, 923/1972, 506/1973; S.I. 750/1979.

ARRANGEMENT OF SECTIONS

Section

  1. Short title.
  2. Terms on which occupation condition may be satisfied.
  3. Proportionate discharge.
  4. Elimination of occupation condition.
  5. Value of buildings on land sold to count.
  6. Abandonment of land.
  7. Certificate of exemption.
  8. Unprotected land may be declared derelict.
  9. Issue of title deeds under section 5.
  10. Land to which Act shall not apply.
  11. Change of form of title by mutual consent.
  12. Entries in books of Registrar of Deeds and their effect.
  13. Stamps and fees.

AN ACT to declare the meaning of the term “occupation” with reference to grants of land in Zimbabwe; to prescribe how the condition of occupation may be eliminated from the terms of such grants; and to provide for the surrender of titles to land already granted.

[Date of commencement: 9th November, 1900.]

1    Short title

This Act may be cited as the Land Occupation Conditions Act [Chapter 20:11].

                       2    Interpretation

  • Subject to section eleven, in this Act and in title deeds to land—

“occupation” means actual and bona fide farming by cultivation or with stock.

  • In this Act—

“Minister” means the Minister of Lands and Water Resources or any other Minister to whom the President may, from time to time, assign the administration of this Act.

                       3    Terms on which occupation condition may be satisfied

Subject to section five, in all cases in which any title deed to land contains a condition requiring occupation the said condition shall be deemed to be satisfied in the cases following—

  • whenever the owner has erected permanent substantial buildings to the value of not less than five hundred dollars upon land in extent not more than thirteen hundred hectares or in the proportion of five hundred dollars in respect of each complete area of thirteen hundred hectares:

Provided that this paragraph shall apply only to areas not exceeding thirteen thousand hectares in extent and which are contiguous, and that any land held by the same owner in excess of that amount shall remain subject to the conditions of occupation unless and until such condition is otherwise satisfied in the manner prescribed by this Act; or

  • whenever in respect of each complete area of thirteen hundred hectares the owner—
    • has maintained thereon for three years not less than twenty head of horned cattle, horses, mules or asses, or otherwise one hundred and fifty sheep, goats or pigs; or
    • has enclosed in a substantial manner and had under cultivation during three years not less than four hectares of land; or
    • has enclosed in a substantial manner sufficient land and has planted thereon and maintained for three years not less than five hundred fruit or one thousand timber trees; or
    • has done and performed to the satisfaction of the President a proportionate part of the requirements of each of the subparagraphs (i), (ii) and (iii).

                       4    Proportionate discharge

Any work done in excess of the requirements of section three shall be accepted as a discharge of a proportionate part of the requirements of paragraphs (a) and (b) thereof in respect of any other land not exceeding in extent thirteen thousand hectares held by title deed by the same owner within the same district.

                       5    Elimination of occupation condition

The owner of any title deed to land subject to a condition of occupation shall, upon production of a certificate from a district administrator, district officer or other officer nominated by the Surveyor-General that the requirements of section three have been fulfilled, be entitled to obtain the elimination of the occupation condition from the grant.

                       6    Value of buildings on land sold to count

If the owner of any title deed to land granted under conditions of occupation satisfies

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LAND ACQUISITION ACT (CHAPTER 20:10 )

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CHAPTER 20:10

LAND ACQUISITION ACT

Acts 3/1992, 15/2000, 14/2001, 22/2001 (s. 4), 6/2002, 10/2002, 1/2004, 7/2004 (s. 14), 8/2006 (s.7).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

ACQUISITIONOF LAND

  1. Acquisition of land by President.
  2. Acquisition by resumption of ownership in certain cases.

PART III

PROCEDUREFOR COMPULSORY ACQUISITIONOFLAND

  1. Preliminary notice of compulsory acquisition.
  2. Owner may demand acquisition of whole property.

6A.   [Repealed]

6B.   [Repealed]

  1. Application for authorizing or confirming order where acquisition contested.
  2. Vesting of land, taking of materials and exercise of rights over land.
  3. Eviction of owner or occupier.
  4. Registration of land acquired.

10A. Revocation of order acquiring land 11.   Investigation of land to be acquired.

PART IV

[Part repealed]

  1. … 15. …

PART V

CLAIMSFOR AND ASSESSMENT AND PAYMENTOF COMPENSATION

  1. Duty to pay compensation.
  2. [Repealed]
  3. [Repealed]
  4. [Repealed]
  5. Assessment of compensation for land other than specially Gazetted land.
  6. General considerations regarding assessment of compensation.
  7. Claims for compensation: land other than specially Gazetted land.
  8. [Repealed]
  9. Reference of disputes re compensation to Administrative Court: land other than specially Gazetted land.
  10. Advance payment of compensation.
  11. Discharge of debt secured by mortgage bond over land.
  12. Payment of certain taxes and other moneys out of compensation.
  13. Payment of compensation moneys to Master and retention thereof by acquiring authority in certain cases.
  14. Payment of interest on compensation moneys.

PART VA

COMPENSATIONFOR SPECIALLY GAZETTED LAND 29A. Compensation Committee.

29B. Procedure for assessing compensation.

29C. Assessment of compensation and manner and period of payment. 29D. Appeals under this Part.

PART VI

DERELICT LAND BOARD

  1. Establishment of Derelict Land Board.
  2. Disqualifications for membership of Derelict Land Board.
  3. Terms and conditions of office of members.
  4. Vacation of office by members and filling of vacancies.
  5. Meetings and procedure of Derelict Land Board.
  6. Minutes of proceedings of Derelict Land Board.
  7. Remuneration and allowances of members.
  8. Expenses of Derelict Land Board.
  9. Validity of decisions and acts of Derelict Land Board.
  10. Powers of Derelict Land Board.

PART VII

PROVISIONS RELATINGTODERELICT LAND

  1. Appointment of Chief Land Officer and other land officers.
  2. Reports on derelict land.
  3. Inquiry by Derelict Land Board and declaration of derelict land.
  4. Eviction of persons and registration of land.
  5. Compensation not to be paid for derelict land. PART VIII

SPECIAL PROVISIONS RELATINGTOADMINISTRATIVE COURT

  1. Composition of Administrative Court for purposes of this Act.

PART IX

GENERAL

  1. Designated valuation officers.
  2. References to Compensation Court in other enactments and documents.
  3. Amendment of Schedule.

SCHEDULE

Principles Regarding Assessment of Compensation.

AN ACT to empower the President and other authorities to acquire land and other immovable property compulsorily in certain circumstances; to make special provision for the compensation payable for agricultural land required for resettlement purposes; to provide for the establishment of the Derelict Land Board; to provide for the declaration and acquisition of derelict land; and to provide for matters connected with or incidental to the foregoing.

[Long title amended by section 22 of Act 15 of 2000.]

[Date of commencement: 8th May, 1992.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Land Acquisition Act [Chapter 20:10].

                   2    Interpretation

In this Act—

“acquiring authority” means—

  • the President, or any Minister duly authorised by the President, acting in terms of subsection (1) or (2) of section three; or
  • the President or any person acting in terms of section four; or
  • the person empowered or required by any enactment to acquire land, take materials from land or pay compensation therefor, where the enactment applies any provision of this Act to such acquisition, taking of materials or payment of compensation; or
  • in relation to anything required or permitted to be done by an acquiring authority in terms of this Act or an enactment referred to in paragraph (c), including the capacity to institute proceedings in terms of this Act and to sue and be sued either in his own official capacity or in the name of the acquiring authority, any person duly authorised by the acquiring authority for that purpose;

[Definition substituted by section 2 of Act 14 of 2001.] “agricultural land required for resettlement purposes” …..

AN ACT to empower the President and other authorities to acquire land and other immovable property compulsorily in certain circumstances; to make special provision for the compensation payable for agricultural land required for resettlement purposes; to provide for the establishment of the Derelict Land Board; to provide for the declaration and acquisition of derelict land; and to provide for matters connected with or incidental to the foregoing.

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Inner Bank Titles Act (Chapter 20:09)

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Inner Bank Titles Act (Chapter 20:09)

 AN ACT to alter and amend the boundaries of certain lands. 

[Date of commencement: 24th July, 1914.] 

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FINGO LOCATION (DISTRIBUTION OF LAND) ACT (CHAPTER 20:07)

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FINGO LOCATION (DISTRIBUTION OF LAND) ACT

Acts 7/1940, 29/1951 (s. 2), 43/1953, 24/1962 (s. 2), 22/2001 (s. 4). R.G.N.s 153/1963, 216/1970, 923/1972, 507/1973.

ARRANGEMENT OF SECTIONS

Section

  1. Short title.
  2. Locationto revest in Governor.
  3. Persons entitled to award of land in Location.
  4. Appointment of commission.
  5. Sittings of commission.
  6. Meeting of residents of Location.
  7. Lodging of claims.
  8. Commission’s power to summon witnesses and privileges of witnesses.
  9. Witness failing to attend or refusing to be sworn or to give evidence.
  10. Witness giving false evidence.
  11. Contempt of commission.
  12. Majority decision of commission.
  13. Claimants and persons opposing claims to be allowed to give and adduce evidence.
  14. Commission to determine rights of claimants.
  15. First report by commission.
  16. Survey of plots.
  17. Further report by commission.
  18. Records to be submitted to Minister.
  19. Award of plots.
  20. Persons to whom plots awarded may occupy same.
  21. Deeds of grant.
  22. Plotholders may use commonage.
  23. Minister may authorize commonage to be used for various purposes.
  24. Outstanding quitrent waived.
  25. Prohibition of subdivision.
  26. Restriction on alienation of residential site.

AN ACT to provide for the extinguishment of certain rights to land in the Fingo Location; to declare that certain persons are entitled to the award of land in the said Location; to provide for the appointment of a commission to determine which persons are entitled to such award; for the survey of such land; for the award of the land so surveyed and the grant of title thereto; for the grant of usufructs; for the control and use of commonage in the said Location and other matters connected with the foregoing.

[Date of commencement: 1st August, 1940.]

1    Short title

This Act may be cited as the Fingo Location (Distribution of Land) Act [Chapter 20:07].

                       2    Interpretation

In this Act—

“commission” means the commission appointed in terms of section five;

“commonage” means that portion of the Location which remains vested in the President after the deeds of grant of plots of land awarded in terms of this Act have been issued;

“irrigation works” means a canal, channel, reservoir. embankment, weir, dam, borehole or other work constructed for or in connection with the impounding, storage, passage, drainage, control or abstraction of water, or the development of water power, or the use of water, or the conservation of rainfall;

“Land Board” means the Native Land Board constituted in terms of the Land Apportionment Act [Chapter 240 of 1939];

“Location” means the area of land situated east of the Ntabasinduna Reserve and known as the Fingo Location, being the remaining extent of the Battlefield Block, which was registered in the Deeds Office under title deed No. 5804 until the 8th July, 1927, upon which date cancellation of the title deed to the said remaining extent was effected;

“migrant” means a male African of the Fingo tribe who—

  • entered Southern Rhodesia from the Colony of the Cape of Good Hope between the 1st January, 1898, and the 31st December, 1902, on the understanding that he was to receive a grant of land in Southern Rhodesia from the British South Africa Company; and
  • had attained the age of fourteen years at the date of such entry; and (c) is not an owner;

“Minister” means the Minister of Lands and Water Resources or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“original holding” means an area of land in the Location held under provisional title issued by the British South Africa Company and registered in the Deeds Office;

“owner” means the person registered in the Deeds Office as the owner of an original holding.

                       3    Location to revest in Governor

  • On the 1st August, 1940, the whole of the Location shall revest in the Governor and every original holding in the Location shall be deemed to be surrendered to the Governor, and every right, title or interest in any such original holding shall be extinguished.
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Fencing Act (Chapter 20:06)

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Fencing Act (Chapter 20:06)

AN ACT to establish fencing courts and to confer on them certain powers and functions; to regulate the alteration, construction, relocation, repair or replacement of dividing fences; to create certain offences in relation to fences; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st February, 1977.]

 

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Deeds Registries Act (Chapter 20:05)

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Deeds Registries Act (Chapter 20:05)

AN ACT to make provision for the establishment of deeds registries and for the appointment of registrars of, deeds and to make further and different provisions, for the registration of deeds and conventional hypothecations; and to make provision for other matters incidental to the foregoing.

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Communal Land Act (Chapter 20:04 )

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CHAPTER 20:04

Communal Land Act

Acts 20/1982, 8/1985, 21/1985, 8/1988, 18/1989 (s. 32), 3/1992, 25/1998 (s. 53), 22/2001 (s. 4), 13/2002 (s. 142).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

  1. Short title

PART II COMMUNAL LAND

  1. Extent of Communal Land.
  2. Vesting of Communal Land.
  3. Description of Communal Land.
  4. Additions to and subtractions from Communal Land.

PART III OCCUPATION AND USE OFCOMMUNAL LAND

  1. Restriction on right to occupy or use Communal Land.
  2. Occupation and use of Communal Land for agricultural or residential purposes.
  3. Permits to occupy and use Communal Land.
  4. Setting aside of Communal Land for certain purposes.
  5. Servitudes relating to water rights over Communal Land.

PART IV

GENERAL

  1. By-laws of rural district councils.
  2. Model by-laws.
  3. Penalties and orders of ejectment.

AN ACT to provide for the classification of land in Zimbabwe as Communal Land and for the alteration of such classification; to alter and regulate the occupation and use of Communal Land; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st February, 1983.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Communal Land Act [Chapter 20:04].

                       2    Interpretation

In this Act—

“Communal Land” means land referred to as Communal Land in section three;

“inhabitant”, in relation to any Communal Land or part thereof, means a person who is entitled, in terms of this

Act, to reside in that Communal Land or part thereof;

“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“use”, in relation to Communal Land, includes the erection of any building or enclosure, ploughing, hoeing, the cutting of vegetation, the depasturing of animals or the taking of sand, stone or other materials therefrom.

PART II COMMUNALLAND

 3.   Extent of Communal Land

Communal Land shall consist of land which, immediately before the 1st February, 1983, was Tribal Trust Land in terms of the Tribal Trust Land Act, 1979 (No.6 of 1979), subject to any additions thereto or subtractions therefrom made in terms of section six.

                       4    Vesting of Communal Land

Communal Land shall be vested in the President, who shall permit it to be occupied and used in accordance with this Act.

                       5    Description of Communal Land

  • The Minister shall, by statutory instrument, publish a description of the area of Communal Land.
  • The Minister may from time to time, by statutory instrument, amend any instrument published in terms of subsection (1), or any replacement of such instrument, in order— (a) more clearly to describe the area of Communal Land; or

(b) to change the name or other designation of any Communal Land: or (c) to correct any error in the description of any Communal Land.

  • If the instrument referred to in subsection (1) has been amended in terms of subsection (2) or in terms of subsection (2) of section six, the Minister may, by statutory instrument, repeal and replace such instrument with a further instrument describing the area of Communal Land as at the date of such replacement and may thereafter, from time to time, likewise repeal and replace any instrument published in terms of this subsection.
  • No statutory instrument published in terms of this section shall have the effect of transferring any land to or from Communal Land.

                       6     Additions to and subtractions from Communal Land

(1) Subject to this Act, the Forest Act [Chapter 19:05] and the Parks and Wild Life Act [Chapter 20:14], the

President may, by statutory instrument

  • declare that any State Land shall form part of Communal Land;
  • after consultation with any rural district council established for the area concerned, declare that any land within Communal Land shall cease to form part of Communal land
  • Whenever the President has published a declaration in terms of subsection (1), the Minister shall, by statutory instrument, amend the instrument published in terms of subsection (1) or (3) of section five, as the case may be, to reflect such declaration.