VALUERS ACT (CHAPTER 27:18)

CHAPTER 27:18

VALUERS ACT

Acts 5/1996, 22/2001 (s. 4); S.I. 206/1996, 262/2006.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

VALUERS COUNCIL

3. Establishment of Council.
4. Functions of Council.
5. Composition of Council.
6. Vice-chairman of Council.
7. Conditions of office of members.
8. Disqualifications for election or appointment as member.
9. Vacation of office by member.
10. Minister may require member to vacate office.
11. Filling of vacancies on Council.
12. Meetings and decisions of Council.
13. Validity of decisions and acts of Council.
14. Funds of Council.
15. Expenses of Council.
16. Accounts of Council.
17. General meetings of registered valuers.
18. Inquiries by Council.
19. Committees of Council.
20. Recovery by Council of costs and fees.

PART III

REGISTRAR AND REGISTEROFVALUERS

21. Registrar of Valuers.
22. Registration of valuers and certificates of registration.
23. Offences in connection with Register, etc.
24. Register as evidence.

PART IV

REGISTRATION

25. Qualifications for registration.
26. Professional qualifications recognized by Council.
27. Applications for registration.
28. Applications for registration to be referred to Council.
29. Procedure by Council in connection with application for registration.
30. Provisional registration.

PART V

CANCELLATION AND SUSPENSIONOF REGISTRATION AND DISCIPLINARYPOWERSOF COUNCIL

31. Disciplinary powers of Council.
32. Persons employed by valuers.
33. Exercise of disciplinary powers by Council on conviction of offence: court to forward evidence.
34. Failure to pay fees.
35. Suspension because of sequestration.

PART VI

APPEALS 36.           Appeals against decisions of Council.

PART VII

GENERAL

37. Offences by or in respect of unregistered persons.
38. Persons not regarded as practising as valuers.
39. Special provisions relating to companies and partnerships.
40. Supervision of employees.
41. Notice of registration, order, cancellation, suspension, etc.
42. Information to be notified to Registrar.
43. Remuneration not recoverable in certain circumstances.
44. [Repealed]
45. Regulations and rules.
46. Alteration of Schedule.
47. Registration of existing valuers.
48. Committee to perform functions of Council pending composition of Council.

SCHEDULE

Practical Experience Required for Registration.

AN ACT to establish a Valuers Council; to provide for the registration of valuers and the regulation of the practice of valuers in Zimbabwe; and to provide for matters incidental to or connected with the fore-going.

[Date of commencement: 1st February, 2006.]

PART I

PRELIMINARY

                   1    Short title

This Act may be cited as the Valuers Act [Chapter 27:18].

[Short title amended by s.i. 262 of 2006]

                   2    Interpretation

(1) In this Act—

“certificate of registration” means a certificate issued in terms of paragraph (a) of subsection (3) of section twenty-two;

“chairman” means the chairman of the Council and includes any member elected to act as chairman under subsection (4) of section twelve;

“Council” means the Valuers Council established by section three;

“employee”, in relation to a body corporate, includes a director;

“immovable property” includes a right in respect of or an interest in immovable property;

“member” means a member of the Council;

“Minister” means the Minister of Local Government, Public Construction and National Housingor any other Minister to whom the President may, from time to time, assign the administration of this Act;

“prescribed”, unless otherwise specified, means prescribed in regulations made in terms of section forty-five;

“Register” means the Register of Valuers established in terms of subsection (1) of section twenty-two;

“registered” means registered as a valuer in terms of this Act;

“Registrar” means the Registrar of Valuers referred to in section twenty-one;

“valuation of immovable property” means the preparation of a written estimate of the value of any immovable property.

(2) Subject to this Act or any other enactment to the contrary, a person shall be deemed to be practising as a valuer for the purposes of this Act if on one or more occasions he undertakes the valuation of immovable property.

PART II

VALUERS COUNCIL

                   3    Establishment of Council

There is hereby established a council, to be known as the Valuers Council, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of doing everything that bodies corporate may do by law.

4 Functions of Council

It shall be the function of the Council to hold inquiries for the purposes of this Act and to do all things required to be done by the Council in terms of this Act and such other things as, in the opinion of the Council, are necessary for ensuring that the competence and conduct of valuers practising in Zimbabwe are of a standard sufficiently high for the protection of the public.

                   5    Composition of Council

(1) The Council shall consist of seven members of whom— (a) one shall be the chairman appointed by the Minister;

• one shall be appointed by the Minister from a list of three persons nominated to the Urban Councils Association of Zimbabwe; and
• one shall be appointed by the Minister from a list of three persons nominated by the Rural District Councils Association of Zimbabwe; and
• there shall be registered valuers elected by registered valuers in the manner prescribed; and (e) one shall be the person holding the office of Government Chief Valuation Officer, ex officio.
• If the registered valuers for any reason fail, neglect or refuse to elect the members referred to in paragraph (d) of subsection (1), the Minister may appoint those members.
• Where no nominations have been made in respect of the appointments referred to in paragraphs (a) and (b) of subsection (1) within such period as the Minister may determine, he may appoint any person to be a member of the Council, whether or not, in his opinion, the person so appointed is able to represent the views of the Urban Councils Association of Zimbabwe or the Rural District Councils Association of Zimbabwe, as the case may be.
• Any member appointed by the Minister in terms of subsection (2) or (3) shall be deemed, for the purposes of this Act, to have been duly appointed or elected to the Council in terms of subsection (1).

                   6    Vice-chairman of Council

• There shall be a vice-chairman of the Council who shall be elected from amongst the members of the Council by members present at the first meeting of the Council and thereafter at the first meeting of the Council held after any vacancy in the office of vice-chairman, has occurred.
• If the chairman of the Council is for any reason unable to exercise his functions, the vice-chairman shall exercise the functions of the chairman.