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

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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