NATIONAL TRUST ACT(CHAPTER 25:12)

CHAPTER 25:12

NATIONAL TRUST ACT

Acts 23/1960, 24/l962(s. 2), 37/1963, 32/1964, 82/1964, 57/1972 (s.34), 37/1977 (s. 22), 41/1978 (s. 34), 12/1982; R.G.N.s 801/1963, 214/1964, 217/1970, 923/1972; 22/2001 (s. 4); S.Is 566/1979, 236/1980.

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Establishment of Trust.
4. Purposes of Trust.
5. Powers of Trust.
6. Membership of Trust.
7. Liability of members.
8. Funds of Trust.
9. Application of funds.
10. General meetings.
11. Accounts and audit.
12. Trust exempt from payment of transfer duty.
13. Establishment of Council.
14. Constitution and membership of Council.
15. No remuneration of members of Council.
16. Vacancies in Council.
17. Functions and proceedings of Council.
18. By-laws.
19. Mining prohibited on Trust property.
20. 25:11 not to apply to Trust property.

AN ACT to establish a trust for the purpose of accepting and holding property in trust for public purposes, of acquiring and thereafter preserving and protecting for the benefit of the people of Zimbabwe land, buildings, natural resources, fauna, flora and objects of any description which have a national, archaeological, historical or aesthetic interest, and of holding and maintaining lands and buildings as places of public recreation, entertainment, resort or instruction; and to provide for various other matters connected with and incidental to the foregoing.

[Date of commencement: 26th August, 1960.]

1    Short title

This Act may be cited as the National Trust Act [Chapter 25:12].

                   2    Interpretation

In this Act—

“Council” means the council established under section thirteen;

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

“prescribed” means prescribed by by-law;

“Trust” means the trust established under section three.

                   3    Establishment of Trust

There is hereby established a trust to be known as the National Trust of Zimbabwe which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as bodies corporate may by law perform.

                   4    Purposes of Trust

The purposes of the Trust shall be—

• to accept and hold property in trust for any public purposes and to act in any trust for or as trustee of any property devoted to public purposes in accordance with the conditions of such trust;
• to promote for the benefit of the people of Zimbabwe the permanent preservation and protection of—

(i)        lands and buildings of a national, archaeological, historical or aesthetic interest; (ii)   natural resources, animal or bird life and trees or flora;

(iii) objects or collections of objects of any description having national, archaeological, historical or aesthetic interest, including furniture, works of art, flora, stamps and literature;

• subject to this Act, to provide the public with access to and enjoyment of the lands, buildings, resources and objects enumerated in paragraph (b);
• to maintain or manage or assist in maintaining or managing lands and buildings for the purpose of public recreation, entertainment, resort or instruction;
• to publish or assist in the publication of books, journals, pamphlets or other matter whatsoever relating to Zimbabwe or any part of Zimbabwe, property held by the Trust or lands, buildings, resources or objects enumerated in paragraph (b) which the Council considers to be for the benefit of the people of Zimbabwe or to be conducive or incidental to any purposes specified in paragraphs (a) to (d).

                   5    Powers of Trust

In the execution of their purposes the Trust shall have power—

• to acquire and to hold property of any description, whether movable or immovable, and any rights or interests therein, by purchase, lease, donation, bequest or in any other manner whatsoever;
• upon or with respect to any property owned by them or in which they have any interest, to do all such things and make all such provisions as may be beneficial for the property or desirable for the comfort or convenience of persons having access to such property;
• in so far as is not inconsistent with the purposes of the Trust, to exercise full powers of ownership over any property owned by them or in which they have any interest in accordance with their title or interest therein:

Provided that—

• no property shall be alienated or mortgaged except by resolution at a general meeting and with the approval of the Minister;
• no funds of the Trust shall be invested except with the approval of the Minister;

• to levy charges of admission to any property held by the Trust at such rates and in such manner as shall be prescribed, and to reserve the right of admission when the protection of such property so requires;
• to hold property or to set apart from time to time parts of its property on which persons may play games or hold meetings or gatherings for purposes of sport and recreation;
• to do all such things and take all such proceedings as may be necessary for the execution of the purposes of the Trust.

                   6    Membership of Trust

Membership of the Trust shall be divided into such classes and members shall be liable to pay such subscriptions as the Council may, after consultation with the Minister, determine.

                   7    Liability of members

No member of the Trust shall be liable for or to contribute towards the payment of the debts and liabilities of the Trust beyond the amount of the annual subscription, if any, of such member or of any contribution agreed to be given and remaining unpaid.

                   8    Funds of Trust

The funds of the Trust shall consist of such grants, donations, bequests, fees, charges and subscriptions as may from time to time be made to it or be payable to it.

                   9    Application of funds

The funds of the Trust shall be applied to the purposes of the Trust and no dividend, bonus or other profit shall at any time be paid out of such funds to any member of the Trust.

10 General meetings

General meetings of members of the Trust shall be held at least once in every year at such time and place as the Council may appoint, and such general meetings shall be called and held in accordance with rules which shall be made by the Council.

11 Accounts and audit

• Proper accounts shall be kept of all sums of money received and expended by the Trust and of the matters in respect of which such receipt and expenditure take place and of the property, credits and liabilities of the Trust, and, subject to any reasonable restrictions as to the time and manner of inspecting the same that may be imposed by the rules for the time being of the Council, such accounts shall be open at all reasonable times to inspection by the members of the Trust.
• The accounts of the Trust shall be examined and audited once at least in every calendar year by a person registered as a public auditor in terms of the Public Accountants and Auditor Act [Chapter 27:12], who shall be elected annually at the general meeting.

12 Trust exempt from payment of transfer duty

The Trust shall be exempt from the payment of transfer duty, stamp duty, fees of office or other charges in connection with the registration of title or other rights to immovable property acquired for the purposes of the Trust.

13 Establishment of Council

The affairs of the Trust shall be administered by a council to be known as the Council of the National Trust of Zimbabwe.

14 Constitution and membership of Council

(1) The Council shall consist of a president and not less than fifteen nor more than thirty members, of whom—

• not more than twenty-eight shall be elected at the annual general meeting from among the members of the Trust;
• not more than three shall be appointed from time to time by the Minister to hold office for such periods as the Minister may determine.

(2) One-half or as near as may be of the number of members elected in terms of paragraph (a) of subsection

(1) shall go out of office annually in rotation in accordance with rules which shall be made by the Council.

• Any member going out of office in terms of subsection (2) may be re-elected immediately or at any subsequent annual general meeting.

The president of the Council shall be elected by the members of the Cou