Land Commission Act [Chapter 20:29]

DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Cap. 20:29 LAND COMMISSION LAND COMMISSION ACT [CHAPTER 20:29] Section l. S ho1t title. 2. Interpretation. ARRANGEMENT OF SECTIONS PART I PnEJ..rMINARY PART II ZIMBABWE LAND COMMISSION AND STAFF 3. Corporate status of Commission, etc. 4. Exercise of functions of Commission. 5. Executive Secretary and other st<1ff of Commission and consultants. No.12/2017 6. lndepeudcnce and impartiality of Commission, members of Commission, etc. 7. Repo1ts of Commission. PART 111 AUDITS AND J NVES'llGATIONS BY COMMISSION 8. Jurisdiction of Commission to conduct comprehensive inspections and audits of agricultural land. 9. Jurisdiction of Commission to conduct investigations. 10. Manner of making complaints. l l. Refusal to investigate. 12. Manner of conducting investigations and audits. 13. Conflicts of interest. 14. Proceedings after audit or investigation. PART IV POWERS OF MINISTER IN RELATION TO STATE L ANO G ENERALLY 15. Interpretation in Part IV. 16. Acquisition of land otherwise than by means of Cap. 20: 10. I 7 . Lease or other alienation of State Land. 18. No share-cropping without agreement approved by Minister. 19. Penalty for contravention of section I 8. 20. Exercise of duties pursuant to sections I 7 and 18. 2 1. Regulat ions under Pait IV. PARTY LAND Sr:TrLEtvlliNT 22. Miuister may make provisions for land settlement, etc .. 23. Miuister may issue offer letters, leases, deeds of grant and pennits. 201 No. 12/2017 LANO COMMJSSION Cap. 20:29 Section 24. Applications for ninety-nine leases to be referred to Commission. 25. Matters to be considered by Commission. 26. Issue of lease. 27. President may retake for public pmvoses. 28. Prohibition of cession, etc. 29. Special provisions relating to leases with a purchase option. PART VI CoNTIWL At'ID OccuPATION OF AGRICULTURAL LAND 30. Interpretation in Pa11 VI. 31. 1v1.inister may require Commission to carry out investigations. 32. Ministe r may give orders to lawful holders or occupiers o f fanns. 33. Minister may give orders to o ther occupiers of farms. 34. Minister to give notice of proposal to make order. 35. Minister may revoke or vary order or extend time for compliance therewith. PART VII APPELLATE AND DISPUTE SETTLEMENT FUNCTIONS OF CO!'vl.MISSION 36. Appellate and dispute settlement functions of Commissiou. 37. Regulations relating to appellate and dispute settlement functions of Commission and amendment of Fifth Schedule. PARTVllI .REGISTER OF PARTIALLY ALIENATED LAND RIGHTS 38. Interpretation in Part V Ill. 39. Registrar of Partially Alienated State L1nd Rights. 40. Register of Partially Alienated State Land Rights. 41. Registration of prutially alienated State land rights. 42. Entries in Register to be conclusive proof of partially alienated State land right. PART IX STATUTORY SERVITUDES IN RELATION TO PARTIALLY ALTENATED STATE LAl'IU 43. Interpretation in Part IX. 44. Application of Part IX. 45. Powers of designated officers in regard to creation, variation and cancelation of statutory servitudes. 46. Method of creating, varying or cancelling statutory servitudes. 47. Reference of disputes in counection with proposed statutory servitudes and rights, p1ivileges and obligations of interested parties at hearings. 48. Powers of Commission in regard to disputes in connection with proposed statutory sc1vitudes. 49. Rights of lawful holders or occupiers subject statutory or other servitudes of passage, rights or way, storage, etc .. 50. Registration of statutory servitudes iu Deeds Registry. SL Disputes in connection with statutory servitudes. 202 · Cap. 20:29 LAND COMMISSION No.12/2017 Section 52. Registration of certain pre-existing servitudes or agreements for servitudes concluded before commeucemeut of this Act. PARTX FINANCIAL PROVISIONS 53. Funds of Commission. 54. Accounts of Commission and appointment of internal auditors. 55. Audit of accounts 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. PART XI 08'."ERAL Rentals payable by holders of pa11ially alienated State laud. lvlinister may give policy directions to Conunission, etc. Immunity. Provincial, district and other offices of Conm1issiou. Entry upon land. Appeals. False statements in Laud applications. Purported alienation or Gazetted or other State Land. Regulations. Repeal of Cap. 20:01 aud Cap. 20: 18; savings aud transitional provisions. Transfer of certain employees from Miuistry to Commission. Amendment of Cap. 20: 10. FIRST SCHEDULE: Provisions Relating to Commission. SECOND SCHEDULE: Ancillary Powers of Commission. THIRD SCHEDULE: Matters in Regard to which Minister Shall Give Consideration (Sections 17 and 18). FOURTH SCHEDULE: Provisions Applicable to Leases with Option to Purchase. FlFfH SCHEDULE: Rules Relating to Appeals and Determinaliou of Disputes by Commission. 203 Cap. 20:29 LAND Co~,r1ss10N No. 12/2017 ZIMBABWE ACT AN ACT to provide for the Zimbabwe Land Commission established by section 296 of the Constitution; to provide for the acquisition of Stale land and the disposal of Stale land; to provide for the seltlemenl of persons on, and the alienation of, agricultural land; to provide for the control of the subdivision and lease of land for farming or other purposes; to provide for limiting of the number of pieces of land that may be owned by any person and the sizes of such land; to repeal the Agricultural Land SettlementAct [Chapter 20:01] and the Rural Land Act [Chapter 20:18]; to amend the Land Acquisition Act [Chapter 20:JOJ; and to provide for matters connected with or incidental to the foregoi ng. WHEREAS sections 296 and 297 of the Constitution provide as follows: 296 Establishment. and composition o f Zimbabwe Land Commissum ( 1) There is a commission to be known as Zimbabwe Land Commission consisting o.f (a) a chairperson and deputy chairperson; and (b) a minimum of two and a maximum of seven other members appointed by lhe President. (2) Members of the Zimbabwe Land Commission must (a) be chosen for their integrity and competence in, and knowledge and understanding of, the bes1 prac1ices in land management and administration; and (b) reflect the diversily of Zimbabwe's population. in particular its regional interests and gender balance. 205 No. 12/2017 LANO Co.M.'vuss10N Cap. 20:29 (3) Section 237 applies in relation to the removal.from office o,f members o,f the Zimbabwe Land Commission as if it were an independent Commission established by Chapler 12. 297 Fwtctum.s o.fZimhabwe Land Commission ( l) 11,e Zimbabwe Land Commission has I he fol lowing June/ ions ( a) 10 ensure accoumabi lity.fairness and 1ra11sparency in the administration o,f agriculwral land 1ha1 is vested in the Slate; (b) ro conduct periodical audits o,f agricultural land; (c) to make recommendations to the Government regarding (i) rhe acquisition o,f private land.for public purposes; (ii) equitable access 10 and holding and occupation of agricultural land. in particular A. the elimination o,f allforms of unfair discrimination,parricularly gender discrimination; B. the enforcement of any law restricring the amount of agricultural land thm may be held by any person or household; (iii) land usage and the size of agriculwral land holdings; (iv) the simplification of the acquisition and transfer of rights in land; (v) systems o f land tenure; and (vi) fair compensation payable under any law for agricultural land and impro1•emenls that have been compulsorily acquired; (vii) allocations and alienations o,f agricultural land; (d) ro investigate and determine complaints and dispLlles regarding the supervision, administration and allocation o,f agricultural land. (2) The Zimbabwe Land Commission, with the approval of the Minister responsible for land, may make regulations.for any of the purposes set out in subsection ( 1 ). ( 3) The Zimbabwe Land Commission must exercise its June lions in accordance with any general wrillen policy directives which the Minister responsible.for land may give it. (4) In discl,arging its.functions. the Zimbabwe Land Commission must be fiUided by the principles set out i11 section 289. (5) The State and all institutions and agencies o,f government at every level. through legislative and other measures. must assist the Zimbabwe Lcmd Commission in carryint: out its.functions and must protect its independence. impartiality. imegrity and effectiveness. (6) The Go1•ernment must make adequate and suitable provision, through legislation and other appropriate means, to ensm·e that ( a) the Zimbabwe Land Commission is able to exercise i1s.functions efficiently and independently; and (b) persons employed by the Zimbabwe Land Commission carry out their duties conscientiously.fairly and impartially. AND WHEREAS it is desirable to make further provision for the Zimbabwe Land Commission and for persons employed in connection with that Commission; 206 Cap. 20:29 LAND CoMMtsscoN No.12/2017 AND WHEREAS, in terms of section 292 or the Constitution, it is provided that The Slate must Lake appropriate measures, including legislative measures, to give secmity or tenure to every person lawfully owuing or occupying agricultural land: NOW, THEREFORE, be it enacted by the Parliament and the President of Zimbabwe as follows: PART I PREI.JMJNARY 1 Short title This Act may be cited as the Land Commission Act [Chapter 20:29]. 2 Interpretation In this Act "Al farm" means a farm held under a permit allocated under the Model Al scheme (villagiscd, and three-tier land-use plans witb minimum plots of three hectares) desc1ibed in the Land Reform and Resettlement Programme and Implementation Plan (Phase 2), published in April, 200 l (as re-issued and amended from time to time); "A2 farm" means a farm held under a ninety-nine year lease allocated under the Model A2 scheme (the Commercial Farm Settlement Scheme, not exceeding the maximum farm sizes prescribed under Statutory Instrument 419 of 1999 or any other law substituted for the same) described in the Land Reform and Resettlement Programme and Implementation Plan (Phase 2) , published in April, 2001 (as re-issued and amended from time to time); "acqui1ing autl1ority" means the President or person or aul11ority compulso1ily taking possession of or acquiring the property or any interest or tight therein in terms of the Constitution or Land Acquisition Act [ Chapter 20 :10]; "agricultural land" bas the same meaning as provided in section 72 of the Constitution and, unless the context otherwise requires, refers to agricultural laud that is State land; "alienate", in relation to agricul!Ltral land tbat is State land, includes to issue a ninety-nine year lease, lease with a purchase option, permit, offer lellcr or deed of grant to a person; "Commjssion" means the Zimbabwe Land Commission established by section 296 of the Constitution; "deed of grant" means the deed by which the transfer of ownership of Lmalienated State land is evidenced in tenn,; of section l6(l)(b) of the Deeds Registries Act [Chapter 20:05]; "farm" means any area of agricultural land which is not withiu (a) parks and wild life land or forest land; or (b) a municipal area, town area or local government area as defined in the Urban Councils Act [Chapter 29:15]; or (c) a town ward of a niral district council or an area that has been declared a specified area in terms of the Rural Dist1ict Councils Act [Chapter 29:13]; or (d) the area of any township as defined in the Land Survey Act [Chaprer 20:12]; or 207 No. 12/2017 LAND CoMM1ss10~ Cap. 20:29 (e) State land the layout of which has been approved in terms of (i) section 127 of the Town and Country Plam1ing Act [Chapter 213 of 1974]; or (ii) section 43 of the Regional, Town and Country Planning Act [ChapLer 20:12]; "piece of land" means a piece of land registered as a separate entity in the Deeds Registry; "farmer" means the owner or lessee of, or permit-holder or holder of an offer letter in relation to, a fam1; "Gazetted land" means ag1icultural land acquired pursuant to tbe laud refonn programme under section 72(2) of the Constitution or refeITed to in section 72(4) of the Constitution; "bolder" in relation to an offer letter, means the holder of au ofter letter who bas indicated that he or she has accepted the offer of a farm described in the letter but who is not yet a party to a ninety-nine year lease; "household'' consists of spouses living together as husband and wife and their dependant children or other dependants whom they are lawfully required to maintain; "indigenous person" has the same meaning as in the Indigcnisatiou and Economic EmpowennentAct [Chap1er14:33l (No. 14of2007); ''land" includes anything pem1anently attached to or growing on land; " lease" means a ninety-nine year lease orlease with a purchase option or other lease of agricultural land, and "lease" shall be construed accordingly; ''lease with a purchase option" means a lease of a holding issued by tile State in tenns of the repealed Agricultural Land Settlement Act to an indigenous person, that contains an option to purchase the holding to which it relates. and includes the tenure of a holding after the right to purchase the holding has been exercised and until title has been issued in respect thereof; "member", in relation to the Commission, means a member of the Commissiou; "Minister" means the Minister of Lands and Rural Resettlement or any other Minister to whom the President may, from time to time, assign the administration of this Act, and "Ministry" shall be construed accordingly; "ninety-nine year lease" means a lease of any portion of Gazetted land, and relating in pmticular to that catego1y of resettlement land allocated under the A2 Model Scheme described iu the Land Reform aud Resettlement Progra1mneand Implementation Plan (Phase 2), published inApril, 2001 (as re-issued and amended from time to time); "Natural Region" means a Natural Region specified in section 3 of the Rural Land (Fa1m Sizes) Regulations, 1999, publjshed in Statutory Instrument 419of 1999, oranyoU1er law that may be substituted for those regulations; "offer letter" means a letter issued by the Minister that offers to allocate an A2 fann to the person to whom the letter is addressed; "partially alienated State land right" means (a) a ninety-nine year lease or other lease of ag1icultural land; or (b) a lease with a purchase option; or (c) a permit; or ( d) an offer letter; 208 Cap. 20:29 LANO COMMISSION No.12/2017 and includes any right incidental to or connected with any of the foregoing rights (such as a statutory servitude created in tem\s of Part IX), and the expression "holder of partially alienated Stale laud" shall be construed accordingly; ··permit"' means a permit to hold any portion of Gazetted land and relating in pa11icular to that category of resettlement land allocated under the A 1 Model Scheme described in the Land Reform and Resettlement Programme and Implementation Plan (Phase 2), published in April, 2001 (as re-issued and amended from time to lime); "province" means an area of Zimbabwe declared as such in terms of the Provincial Councils and Administration Act [Chapter 29:11]; "principal officer", in relation to (a) a public authority which is a Government Ministry or department or a statutory body, means the bead of t11e Ministry or department in question, or the chairperson of the governing body or chief cxecuti ve officer of the statutory body in question, by whatever title he or she may be called; (b) a company, other corporate body or unregistered association, means the chairperson or any member of tbe board or otber governing body of the company, corporate body or unregistered association; "public authority"', in relation to an authority or official against whom or which any complaint has been made in terms of section 10, means any person, body, organ, agency or institution belonging to or controlled or employed by the State, a local authority or statutory body; "quarter" means a pe1iod of three months ending on the 31st .March. 30th June, 30th September and 31st December in each year; "Register" and "Registrar" bear the meanings given in section 38(1); "repealed Agricultmal Land Settlement Act" means the Agricultural Land Settlement Act [Chapler 20:01] repealed by section 64; "rental" means a rental payable in tenns of section 56; "statutory servitude" means a servitude created in tcmis of Part IX; "this Act" includes, where applicable, the provisions of any lease or permit issued or deemed to have been issued under U1is Act. PART II ZIMBABWE LAND COMMISSION AND STAFF 3 Corporate status of Commission, etc. ( l) The Zimbabwe Land Commission shall be a body corporate capable of suing and being sued iu its corporate name and, subject to this Act, of performiog all acts that bodies corporate may by law perfonn. (2) The First Schedule applies to the tenure of office and conditions of se1vice of the Commissioners as well as to the procedure to be followed by the Commission at its meetings. (3) The Second Schedule sets out the ancillary powers of the Commission. 4 Exercise of functions of Commission (1) For the avoidance of doubt it is declared that, confonnably to section 297(3) 209 No. 12/2017 LAND CoMMisstoN Cap. 20:29 of the Constitution, the Commission exercises its functions (apart from its dispute sel1lemcnt function) subject to any policy directives which the Minister may give it. (2) The Commission shall do such other things, not inconsistent with the Constitution or this Act, as may be required by the Minister. 5 Executive Secretary and other staff of Commission and consultants (1) The Commission shaJl (a) appoint au Executive Secretary; and (b) employ such other staff as may be necessary for the proper exercise of its functions, and engage consultants where necessary: Provided that the Commission shall consult the Minister and the Minister responsible for foinancc on the extent lo which additional public moneys may be required for this purpose. (2) In order for a person to be appointed as Executive Secretary of the Commission, he or she must have knowledge and understanding of, or be professionally quaJified in, the principles pertaining to the best practices in land mauagemeut am.I administration. (3) The offices of the Executive Secretary and other members of staff of the Commission shall be public offices but not form pait of the Civil Service. (4) The Executive Secretary shall, subject to the general control of the Commission (a) be responsible for carrying out the decisions of the Commissiou and the day-to-day administration and management of the affairs, staff and property of the Commission; and (b) he t.l1e custodian of the Commission 's records; aud (c) attend all meetings of the Commission, but shall have 110 \'Otc on any matter before the Commission; and (d) perform such other functions as may be assigned by the Commission. 6 Independence and impartiality of Commiss ion , members of Commission, etc. (]) A member of the Commission or a member of staff of the Commission shall serve impartially and independently and in pa1ticular exercise or perform his or her functions iu te1ms of Pait Ill in good faith and without fear, favour, bias or prejudice and subject only to t.l1e Constitution, this Act and the law. (2) No person, body, organ, agency or institution shall interfere with, hinder or obstruct the Commission, its membe1s or any member of staff oft he Commission, in the exercise or performance of its, his or Iler functions pursuant to Part III. (3) Every person, body, organ, agency or institution, belonging to or employed by the State, sbal I afford the Commission such assistance as may be reasonably required for tbe protection of the independe11ce, impa1tiality and dignity of tbe Commission. ( 4) No mcmberof the Commission or member of tbe staff of the Commission sball conduct an investigation or render assistance with regard thereto in respect of a matter in which be or she has any pccuu.iaJ)' or any other interest which might preclude him or her fmm exercising or performing his or her fw1ctions in a fair, unbiased and proper manner. (5) If a member of the Commission or member of the staff of the Commission fails to disclose an interest contemplated in subsection (4) and conducts or renders assistance with regard to an investigation while having an interest so contemplated in 210 Cap. 20:29 LANO COMMISSION No.12/2017 the matter betug investigated, the Commission may take such steps as it deem-; necessary lo ensure a fair, unbiased aud proper investigation. 7 Reports of Commission (I) The Commission shall no later than sixty days after the encl of each financial year submit to the Minister au arnmal repott on its operations and activities during the preceding financial year in accodance with section 323 or the Constitution. (2) lo addition, the Comrnission (a) shall submit to the Minister any other report, and provide him or her with any other information , that he or she may require in regard to the operations and activities of the Comm.issiou; and (b) may submit to the .Minister auy other report that it considers desirable. (3) The Minister shall table before Parliament any report submitted to him or her by the Commission w1der subsections (l) and (2), no later than the thirtieth silting day of whichever House of Parliament sits first after he or she has received such report. PART l1l Aunrrs AND INVESTIGA'.llONS 13Y COMMlSSION 8 Jurisdiction of Commission to conduct comprehensive inspections and audits of agricultural land (1) Subject lo subsection (2), the Conunission shall , on its own initiative, on not less than fourteen days· written not.ice to the Minister, undertake (a) comprehensive inspections of agricultural land, whether nationwide or iucrementally and rotationally by province, not more frequently than twice in any calendar year, in connection "vith auy or all of the matters upon which it may make recommendations to the Government in terms of section 297(l)(c) of the Constitution, or for any purpose related to its functions; and (b) comprehensive audits of agricultural land, whether nationwide or incrementally and rotationally by province, not more frequently than once in any continuous period of five years, in connection with any or all of the matters upon which it may make recommendations to tbe Government in terms of section 297( l )(c) of the Coustilutiou, or for any purpose related to its functions . (2) The Minister may, on not less thau fourteen days' written notice to tbc Commission , direct the Commission to w1dertak.c an additional or extraordinary comprehensive inspection or audit of agricultural land, whether natiouwide or incrementally and rotationally by province. 9 Jurisdiction of Commission to conduct investigations (I) Any person having a complaint or affected by a dispute regarding the supervision, administration and allocation of agricultural land may make a written complaint to the Commission requesting it to investigate such complaint or dispute. (2) When a person by whom a complaint might have been made under this section has died or is for any reason unable to act for himself or herself, tile complaint may be made by his or her legal representative or a member of bis or her family or such other person as the Commission considers suitable lo represent him or her. 211 No. 12/2017 LAND CoM~uss10N Cap. 20:29 (3) The Commission shall not investigate a complaint or dispute (a) unless the complaint is made within three years from the date on which the cause of the complaint or dispute first arose or came to the notice of the complainant or disputant; or (b) where the action or omission to which the complaint or dispute relates (i) is the subject-matter of civil proceedings before any court of competent jurisdiction; or (ii) involves relations or dealings between the Government and a foreign Government. 10 Manner of making complaints (1) The Commission shall, in regulations, prescribe the general manner in which complaints to it should be made, including the particulars required to be completed in a fonn specified by the Commission in those regulations. (2) The Commission may require a complaint to be suppo1ted by such evidence and documentation as it may prescribe or in any particular case ask for. (3) The Conunission shall not refuse to investigate a complaint solely on the grounds that the complaint is not in proper form or not in compliance with the prescribed requirements or that it is not accompanied by the required documentation. 11 Refusal to investigate (1) The Conunission shall refuse to investigate any complaint if it is satisfied that it is not authorised iu terms of U1e Constitution or this Act to carry out such investigation. (2) The Commission shall discontinue any investigation if it is satisfied by U1e evidence received by it U1at it is not autho1ised in tem1s of the Constitution or this Act to continue the investigation. (3) If the Commission refuses to investigate a complaint or discontinues an investigation it shall, in writing (a) inform the complainant and any party complained against of its decision, stating its reasons for the decision; and (b) if appropriate, advise the complainant of any other remedy that appears to it to be available to him or her. 12 Manner of conducting investigations and audits (1) Subject to subsection (6) (concerning non-disclosure of ce1tain evidence) the Commission may in its discretion conduct au investigation or audit in the form of a public or closed bearing, for which purpose U1e Commission shall have the following powcrs (a) (b) to issue summons to any individual, or to the principal officer of any public a uthority, company, corporate body or unregistered association, to attend before tbe Commission and to produce any document or record relevant to any investigation or audit by the Commission; and to put any questions to the individual, or to the principal officer of any public authority, company, corporate body or unregistered association, which the Commission considers will assist its investigation of the complaint or the audit in question; and 212 Cap. 20: 29 LANO COMMISSION No.12/2017 (c) to require any person questioned by it to answer such questions and to disclose any infomrntiou \.Vithin such person 's knowledge which the Commission considers relevant to any investigation or audit by it; and (d) to request the assistance of the police dming an in\'estigation or audit. (2) In conducting a hearing the Commission shall not be bound by the common law rules of evidence, and it may ascertain any relevant fact by any means which it thinks fit and which is not unfair or unjust to any party. (3) The Commission shall afford any individual, or tbc principal officer or any public authority, company, corporate body or unregistered association, who is alleged to be responsible for any act or omission giving rise to the complaint or dispute subject to the investigation, an adequate opportunity to respond to such ailegations. (4) Any person appearing before the Commission may be represented by a legal practitioner. (5) Information obtained by lite Commission or any member of its staff at a closed hearing shall not be disclosed to any person except (a) without disclosing the identity of any person who gave the information in confidence, for the purposes of the investigation and for any report to be made thereon; or (b) for the purposes of any proceedings for pe1jury alleged to have been committed in U1e course of an investigation. (6) The l'vfinister may, at any st.age during the investigation of a complaint by the Commission, produce to the Comrnissiou a certificate in writing signed by him or her to the effect t hat the disclosure of any evidence or documentation or class of evidence or documentation specified in the certificate is, in his or her opinion, contrary to the public interest on the grounds tbat it may prejudice the defence, external relations, intemal secmity or economic interests of the State, whereupon the Commission shall make arrangements for evidence relating to that matter to be heard in camera at a closed bca1ing and shall take such other action as may be necessary or expedient to prevent the disclosure of that matter. (7) lJpon receipt of a ce1tificate in terms of subsection (6) (a) the Commission or any member of the staff of the Commission shall not communicate any such evidence or documentation to any other 1x:rson for any purpose, w1less the Minister allows the Commission to do so, subject to such conditions as he or she may fix; and (b) an aggrieved person may, in accordance with tbeAdmi.nistnitive Justice Act (Chapter 10:28] (No. 24of2004), appeal against such certificate, and the court hearing the appeal shall treat any evidence or documentation subject to tbe certificate in the manner specified in section 8 ("Discretion to refuse or to restrict supply of reasons") of the Admi.uistrative Justice Act [Chapter 10:28] (No. 24 of 2004). (8) Any person who (a) has been summoned by tbc Commission to give evidence or to produce any documentation for the purposes of an investigation and who fails to attend or to remain in attendance until excused by the Commission from fu1ther attendance, or refuses without sufficient cause, the onus of proof whereof lies upon him or her, to be sworn as a witness or to answer fully and satisfactorily a question lawfully put to him or her, or to produce the evidence or documentation requested; or 213 No. 12/2017 LAND COMMISSION Cap. 20:29 (b) gives false evidence to tbe Commissioners, knowing such evidence to be false or not knowing or believing it to be true; shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (9) For the avoidance of doubt it is declared that the law relating to the competence or compellability of any person on the grounds of privilege to give evidence, answer any questions or produce any book or document before the Commission, shall apply. ( l 0) Any member of the Commission or member of staff who without being authorised to do so by the Commission, discloses any information, evidence or documentation referred to in subsection (5) or (6), or makes any use of such information for his or her benefit. shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imp1isonment. 13 Conflicts of interest (1) No member shall pa11icipate in an audit or investigation or have a vote on any question before the Commission, whetberor not involving any audit or investigation, in which the member is aware that he or she has a direct or indirect interest that may conflict with his or her functions as a Commissioner. (2) A member who contravenes subsection ( 1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both sucb fine and sucb imprisonment. 14 Proceedings after audit or investigation (1) ff, after conducting an a udit or investigatio n, the Commiss ion considers tbat t he action or omission wbicb was tbe subject-matter of the audit or investigation constitutes grounds for a criminal prosecution o r delictual action, or involves any sanctionable breach of a constitutional right o r statutory duty, and that (a) the action or omission relates to any decision or prnctice on the part of any public autbo1ity which needs to be abolished, ca11celled, reversed, varied or altered; or (b) the issue giving rise to the complaint should be given fu11ber consideration by the public authority agaiust whom or which the complaint was made; or (c) the action or omission should be rectified; or ( d) any law on which the act or omission was based should be reconsidered; or (e) reasons should have been given for any decision complained against; or (I) any other steps should be taken in relatiou to the action or omission complained against; the Commission shall report its finding lo the public authority or person against whom the complaint was made and may make such recommendations as it thinks fit and shall also send a copy of its report and recommendations to the Minister. (2) In pa1ticular, the Commission ma y, where it considers it necessary, recommend 214 Cap.20:29 LAND Cm.1lvUSSION No. 12/2017 (a) specific remedial measures in favour of a person c1ggrieved by an action or omission giving rise to the complaint or dispute; or (b) that the complainant seek redress in a court of law. (3) The Commission may request the authority or person in relation to whom or which it made any recommendation to notify it, within a specified time, of the steps, if any, that it proposes to take lo give effect to its recommendation. (4) Tf, within a reasonable time after a report is made in terms of subsection (1), no action is taken wl1ich, in the opinion of the Commission, is adequate and appropriate, tl1e Conunission may, if it thinks fit after couside1iug the comments, if any, made by or on behalf of any authority or person affected, submit a special report on the case to the Minister for the Minister to present to the President and lay before Parliament PART IV PoWERS OF APPROPRIAIB MINISTER IN RELATION To STAIB LAND GENERALLY 15 Interpretation in Part IV Ju this Part "appropriate Minister" means the Minister responsible for the State land in question; " property" mealls any laud which is described as a sillgle piece of land in any deed of grant, transfer or other ce11ificate of title registered in the Deeds Registry; "share-cropping" means any right to depasture livestock on any portion of a property or cultivate any portion of a property granted in return for a share in the crops grown or livestock depastured, or under an obligation to sell all or part of such crops or livestock to the owner of the property, but docs not include such agreements or arrangements in the nature of share-cropping as may be prescribed; "State land" means all State land to which this Act applies, but does not include any land held by a statutory corporation or other entity wholly owned by the State. 16 Acquisition of land otherwise than by means of Cap. 20:10 (1) In addition or alternatively to the acquisition oflaud by the use oflhe Land Acquisition Act [Chapter 20:10], the Minister may (a) with the approval of the President, by way of exchange for State Land; or (b) by means of ilie acceptance of gifts or bequests; acquire laud ou behalf of the State. (2) Subject to this section, the appropriate Minister shall direct the Registrar of Deeds to cancel the title deeds of any land acquired in terms of subsectiou (1) and the Registrar of Deeds shall comply with such direction. (3) Before a direction in terms of subsection (2) is given (a) the Minister shall (i) give notice, in tennsof subsection (4), of bis or her intention to direct ilie Registrar of Deeds to cancel the title deeds of the land concerned; and 215 No. 12/2017 LAND COMMISSION Cap. 20:29 (ii) consider every objection lodged in accordance witl1 the notice given in terms of subsection (4); (b) every servitude or other encumbrance registered over the land concerned shall be extinguished. (4) A notice referred to in subsection (3)(a) shall (a) be published in the Gazelle and in a newspaper circulating in the disttict where the land concemed is situated, once a week for three consecutive weeks; and (b) state that the appropriate Minister proposes to direct the Registrar of Deeds to cancel the title deeds of the land concerned; and (c) state the name, if any, of the land concerned, the district in which the land is situated, the name of the registered owner of the land and the number, if any, of the title deeds of the land; and (d) call upon any person who bas any objection to the pmposed cancellation to lodge his or her objection in writing with the approp11ate Minister within thi1ty days of the date of the last publication of the notice in terms of paragraph (a). (5) Where the title deeds of any land have beeu cancelled in te1ms of subsection (2) the laud shall vest in the President. (6) On one of the tlli11y days ou which Parliament next sits after the begi1ming of each session of Parliament the appropriate Minister shall lay before Parliament a report on any business traosacted uuder this section during the previous calendar year, together with a schedule of the land acquired. 17 Lease or other alienation of State Land (1) The Minister may, after consultation with the Commission and with the approval of the President, lease, sell or otherwise dispose of State land for such purposes and subject to such conditions as he or she may determine. (2) Laud may be leased or a lienated to a single individual, a single corporate body, a single household or to two or more persons jointly. 18 No share-cropping without agreement approved by Minister (l) No owner or occupier of land to which this Act applies shall permit the occupation on a share-cropping basis by another person of any portion of such land unless an agreement in writing has been entered into between such owner or occupier and such other person in respecl of the occupation of such land on a share-cropping basis and such agreement has been approved by the Minister. (2) The Minister shall within seven days of the receipt of an agreement mentioned in subsection (1) acknowledge the receipt thereof and if no decision has been made within six weeks of the date of acknowledgement thereof the agreement, the owner or occupier concerned shall be entitled to make an application in terms of the Administrative Justice Act [Chapter 10:28] (No. 12 of 2004) ( or any other law that may be substituted for that Act) to compel the Minister to consent to or withhold his or her consent to the transaction, or otherwise give written reasons for the delay. 19 Penalty for contravention of section 18 (1) Any owner or occupier of land who contravenes section 18(1) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisomnent. 216 Cap. 20:29 LAl'-1) COMMISSION No.12/2017 (2) Where an owner of laud is convicted of an offence under subsection ( 1 ), the court before which he or she is convicted shalJ order that any alienation, lease, permit or right granted in contravention of section 18( 1) shall be cancelled, and shalJ, in the case of any alienation, lease, permit or right registered in the Deeds Registry, cause a copy of such order to be sent to the Registrar of Deeds who shall note the contents thereof on any document relating to the land concerned which is registered in the Deeds Registry and shall make tbe necessary entries in the registers kept iu his or her office. 20 Exercise of duties pursuant to sections 17 and 18 [n the exercise of the duties, functions and powers pursuant to sections 17 and 18 regard shall be had to (a) the matters mentioned in the Third Schedule; and (b) any representations made in connection with any matters by any local authority, a town planning or responsible authority, any environment committee appointed in terms of section 61 of the Rural District Couuci ls Act [Chapter 29:13] or any farmers' association, which is affected or likely to be affected thereby. 21 Regulations under Part IV (1) The Minister shall have power to make sucti regulations as he or she may deem expedient to give force or effect to this Pait or for its better administration. (2) The appropriate Minister may make regulations in terms of subsection ( l) providing for (a) limiting the number of pieces of laud that any person may owu or bold for farming or other purposes; (b) limiting the size of any piece of land that may be owned by any person for fa1ming or other purposes and, in so doing, the lv1inister may fix the size of any sucli piece of land according to the Natural Region in which such laud is located or according to such other criteria as he or she considers appropriate; (c) restricting the right of (i) individuals who are not indigenous citizens of Zimbabwe to own, lease or otherwise occupy State land in Zimbabwe; (ii) individuals who are not residents or citizens of Zimbabwe, or companies or bodies corporate whose activities are controlled by individuals who are not resident in Zimbabwe, to own, lease or otl1erwise occupy land in Zimbabwe. PARTV LAND SETTLEMENT 22 Minister may make provisions for land settlement, etc. After consulting the Commission, the Minister may establish schemes or make other provision for (a) the settlement of persons on and the alienation to such persons of agricultural laud; (b) objects incidental to and connected with any object referred to in paragraph (a). 217 No. 12/2017 LAND COMMISSION Cap. 20:29 23 Minister may issue offer letters, leases, deeds of gra·nt and permits The Minister may, subject to section 17, issue offer letters, leases, deeds of grant and permits in respect of Gazetted or other State land. 24 Applications for ninety-nine year leases to be referred to Commission No ninety-nine year lease in respect of Gazetted or other State laud shall be issued to an applicant therefor until the application has been referred to the Commission for its consideration and report: Provided that nothing in this section shall be constrned as requiring the Minister to comply with a recommendation or report of the Commission in relation to an application. 25 Matters to be considered by Commission (1) In the exercise of its functions referred to in section 24, the Commission shall have regard to (a) the age of the applicant; (b) the character and legal competence of the applicant to hold, acquire and fa1m the holding or portion of Gazetted or other State land; (c) whether the applicant possesses the qualifications and capital necessa1y to make proper use of tl1e holding or po11ion of Ga1.etted or other State laud, having regard to the pmpose for which it is proposed to be alienated; ( d) any other facts which, in the opinion of the Commission, arc relevant to the individual applicant or the holding. · (2) The Commission shall not recommend au applicant who is a corporate hody, unless it is a company (a) incorporated under the law of Zimbabwe relating to companies; and (b) legally competent to acquire, hold and farm tl1e holding; and ( c) that possesses or is able to raise share capital which is necessary to make proper use of the holding, having regard to the purpose for which it is proposed lo be alienated; and (d) that bas no shareholder who, individually or through another company, holds other agricultural land in contravention of any provision of this Act prohibiting or restricting the multiple holding of ag1icultural land; and (e) that is otherwise compliant, iu te1ms of the composition of its directors and shareholders and otherwise, with the provisions of lndigenisation and Economic Empowerment Act [Chapter 14:33] (No. 14 of2007). 26 Issue of lease Where tl1e Minister leases a llolding or po11ion of Gazetted or other State land to an applicant, such lease, subject to this Act shall (a) be on such terms and conditions as may be fixed by the Minister; (b) not contain an option to purchase the laud to which it relates if the land in question is Gazetted land. 27 President may retake for public purposes (1) Tbe President may, at any time and in such manner and under such conditions as he or she may deem fit, retake possession of land alienated in terms or this Act or any portion thereof, for State, local authority or public pw·poses on payment 218 Cap. 20:29 LAND COMMISSION No.12/2017 to the lessee or grantee, as the case may be, of such compensation as may be agreed upon or, failing such agreement, as may be determined by arbitration: Provided that if the land retaken is land b.eld under ninety-nine year lease, compensation shall be payable only for the improvements to such laud on the date of retaking. (2) Moneys required for the payment of compensation referred to in subsection (1) shall be paid out of moneys appropriated for the purpose by Act of Parliament. 28 Prohibition of cession, etc. ( l) Subject to the terms of the offer letter, lease or permit in question, au offer letter holder, lessee or permit holder shall not (a) cede, assign, hypothecate or otb.erwise alienate his or her lease or his or her rights thereunder or place any other person in possession of his or her holding or portion of Gazetted land; (b) enter into a pa1tuership for the working of his or her holding or portion of Gazetted land; without the consent in writing of the Minister. (2) A transaction entered into by a lessee in contravention or subsection (1) shall be of no force and effect. 29 Special provisions relating to leases with a purchase option ( 1) Tbe Fou1th Schedule applies to leases with an option to purchase. (2) The provisions of the repealed Agricultural Land Settlement Act shall, to the extent that they are re-enacted or substantially re-enacted in the Fourth Schedule, be construed as being continued without interruption from the date of commencement of that Act. PART VI CoN1ROL AND 0 CCUPA110N OF A GRICULTURAL LANI) 30 Interpretation in Part VI In this Part " lawful holder or occupier", in relation to a farm or land that is (a) private ag1icultural laud, means the owner thereof; (b) any portion of State laud or Gazetted land, means the holder of a lawful authority from the State to hold, use or occupy sucb laud in the formof (i) an offer letter; or (ii) a ninety-nine year lease or other lease; or (iii) a lease with a purchase option; or (iv) a permit; or (v) any other land settlement lease; and the word "landholder,, shall be construed accordingly. 31 Minister may require Commission to carry out investigations (1) In order to ensure that iu the national interest agricultural land is not being occupied adversely in regard to the land or neighbouring holders of land the Minister 219 No. 12/2017 LAND CoMMJss10N Cap. 20:29 may by notice in w1iting, direct the Commission to unde1take au investigation of any fann witllin any area to asce1tain whether or not the farm is being so occupied. (2) On receipt of a notice in tenns of subsection (1) the Commission shall carry out as expeditiously as possible any investigation directed by the notice and sball report to the Minister thereon. 32 Minister may give orders to lawful holders or occupiers of farms ( 1) Subject to section 34, after cousidetiug any report in terms of section 31, the Minister may, by order in writing served on the holder or occupier of the farm, direct the holder or occupier (a) not to permit any more than such number of persons as is specified in tlte order to occupy the farm; or (b) to pennit only such class of persons as is specified in the order to occupy the farm; or (c) to pe1mit only such activities or class of activities as is specified in llte order to be conducted on the farm; and may in such order direct the holder or occupier to take measures as may be specified in the order to ensure compliance therewith. (2) Any holder or occupier of a frum who contravenes or fails to comply with an order served on him or her in terms of subsection ( l) shall be guilty of an offence aud liable to a fine not exceeding level nine or to imprisonment for a pe1iod not exceeding two yeat\'> or to both such fine and such imptisonmeul. 33 Minister may give orders to other occupiers of farms ( l) Subject to section 34, where the Minister makes au order in terms of section 32 he or she may, in addition, by order in the Gazette and in a newspaper circulating in the district where the fa1m concerned is situated , direct such persons or classes of persons as are specified or described in the order to cease to occupy the fann concerned within such period as may be specified in the order and that (a) no more than such number of persons shall occupy the fann; or (b) no persons other than such class as is specified in the order shall occupy the fann; or (c) no activities or class of activities oilier than those specified in the order shall be conducted on the fann; until such time as the order is revoked or vaiied in tern.ls of section 35 . (2) Any person who contravenes or fai ls to comply with an order in terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a pe1iod not exceeding one year or to both such fine and such imprisonment. 34 Minister to give notice of proposal to make order (1) Before making an order in terms of section 32 or 33 the Minister shall give notice of his or her intention to make such or<ler (a) to the lawful holder or occupier of the fa tm concerned; and (b) to the persons or classes of persons who will be required to cease occupying the fa rm concerned or cease conducting U1e prohibited activities, as the case may be; 220 Cap. 20:29 LAND COMMISSION No. 12/2017 and shall afford such persons the opportunity of making representations in writing in relation to the proposal. (2) Notice to persons or classes of persons referred to in subsection (1 )(b) may be given by notice published in a newspaper circulating in the district where the fam1 concerned is situated. 35 Minister may revoke or vary order or extend time for compliance therewith (I) The Minister may at any time (a) revoke; or (b) with t11e consent of the lawful holder or occupier to whom an order was given, vary; an order made in tenns of section 32 or 33. (2) If the lawful holder or occupier of a farm or any person or classes of persons referred to in sectiou 34( I )(b) to whom an order in terms of section 32 or 33 has been given feels that he or she will be unable to comply with the order \.Vithin the time specified he or she may request the Minister to grant an extension of Uiat time, and if the Minister refuses to do so or grants him or her an extension which he or she considers to be inadequate he or she may, before the expiry of the specified time, appeal to the Minister tlu·ough the Commissio11, and section 61(4) and (5) shall apply to the appeal. (3) T he Minister may, in detennining the appeal, seek, but not be bound by, the advice of the Commission on the appeal. PART VII APPELLATE /\NO OISl'UTE S E'JTW MENT fUNC110NS OF COlvftvUSSION 36 Appellate and dispute settlement functions of Commission (I) T he Commission or any Uuee of its members appointed by U1e chairperson for the settlement of any particular dispute or appeal has jurisdiction to determine (a) any appeal which this Act expressly provides shall be detennincd by the Commission; and (b) any dispute or appeal which regulations made under this Act or the temis of any lease or permit provide sball be detemlined by the Commission. (2) In detennining a dispute or appeal the Commission (a) shall be bound by the rules of natural justice, and otherwise by llie rules set forth in the Fifth Schedule; and (b) shall not be bound by the common law rules of evidence, and may ascertain any relevant fact by any means which it thinks fit and which is not unfair or unjust to any party; and (c) any contempt of the Commission by any party to an appeal or dispute before the Commission shall constitute the c rime of contempt of court in terms of section 181 of U1e C1iminal Law Code. (3) For the purposes of detennining any appeal or dispute before the Com1nission the chairperson of the Commission shall select two assessors from a panel of names submitted by U1e Nlinister responsible for justice after consultation willi llie Minister. 221 No. 12/2017 LAND COMNllSSION Cap. 20:29 (4) An assessor who is not in the full-time employment of the State shall be paid such remuneration and allowances as the Minister responsible for jw;tice, after consultation with the Minister responsible for finance, may fix. (5) For the avoidance of doubt it is declared that the existing law on the devolution of property on marriage, dissolution of maniage, death, insolvency and mental and otl1er incapacity shall apply to partially alienated State land except to the extent that different provision for such eventualities is expressly made by or under this Act or in a lease or pennit issued under U1is Act or the repealed Agricultural Land Settlement Act. 37 Regulations relating to appellate and dispute settlement functions of Commission and amendment of Fifth Schedule (1) The Commission, with the approval of the Minister, may make regulations providing for all matters which in its opinion are necessary or convenient for carrying out or giving effect to this Part. (2) Regulations made in terms of subsection (1) may provide for (a) regulating appeals to the Commission and the determination of disputes by it and the fees payable iu connection therewith; (b) the manner iu which assessors shall perform their fu nctions; (c) the determination of appeals or disputes which appear to it to be frivolous or vexatious. (3) Subject to subsection (1), the Minister, after consultation with the Commission, may by notice in a statutory instrument amend or replace the Fifth Schedule. (4) When the Miuister wishes to ameud or replace the Fifth Schedule the Minister shall (a) refer the draft statutory instrument amending or replacing the Fillh Schedule to Cabinet for its approval; and (b) if Cabinet approves the draft statutory instrument amending or replacing the Fifth Schedule (with or wiU1out amendments), lay the draft statutory instrument before the House of Assembly. (5) If the House of Assembly makes no resolution against the publication of the statutory instrument within the next seven sitting days after it is laid before it uuder subsection (4), the Minister shall cause it to be published in the Gazelle. PART VIII REGISTER OF PARTIALLY ALIENATED STATE LAND RIGms 38 Interpretation in Part VIII (1) In this Part "Register" means U1e Register of Partially Alienated State Land Rights, being the central register of snch rights referred to in section 40(1); "Registrar" means the Secretary as provided in section39(1). (2) For the avoidance of doubt it is declared that offer letters are subject to registration in te1ms of this Part prior to the registration of the lease to which they relate. 222 Cap. 20:29 LAND COMMISSION No. 12/2017 39 Registrar of Partially Alienated Land Rights (1) For the purposes of this Part there shall be a Registrar of Pa11ially Alienated Land Rights, who shall be the Secretary. (2) The Registrar shall be assisted by such other employees in the Minisliy specially designated by tbe Registrar as are necessary to assist the Registrar in discharging the functions of his or her office. (3) The Registrar may delegate or assign all or auy of bis or her functions to any one or more of the employees referred lo in subsection (2), and any reference in this Act to U1e "Registrar" shall be constnied as including a reference to any such employee. 40 Register of Partially Alienated State Land Rights ( 1) The Registrar shall establish and maintain at the head office of the Minish)' a register to be known as the Register of Partially Alienated State Land Rights. (2) There shall be entered iu the Register (a) the name of every bolder of a partially alienated State land right; and (b) the date of the registration of every partially alienated State laud light; and (c) particulars of any renewal, transfer, cancellation, revocation, suspension, tcmu.nation, surrender or repossession of any partially alienated State land right, and of any statutory servitude in relation to any such right; and (d) the location of the pa11ially alienated State land to which the registered right refers; and (e) such other particulars as the Registrar may deem necessary. (3) Notwithstanding subsection (2), regulations in ttmns of section 64 may provide for different registers to be kept iu respect of different pru1ially alienated State land rights or classes thereof, or for the Register to be divided into different parts for the registration of such different partially alienated State land rights or classes thereof. (4) Any person may, 'vVith the written consent of the holder of the partially alienated State laud right in question (a) on payment of the prescribed fee, if any, inspect the entry in the Register relating to that holder at all reasonable times at the bead office of the Registiy or at such other places as the Registrar may specify by notice published in the Gazette; and (b) be fumisbed by the Registrar witb a certified copy of the entry in the Register relating to that holder on payment of the prescribed fee. (5) Any person may, without the consent of the holder of the partially alienated State laud right in question or, if the request for information does not relate lo any pa11icular holder of a partially alienated State laud right (a) on application in writing to the Registrar in the prescribed fo1m, and on payment of the presc1ibed fee, if any, inspect the Register at all reasonable times at the head office of the Registry or at such other places as the Registrar may specify by notice published in the Gazette; and (b) be furnished by the Registrar with a ce11ified copy of any entry in the Regist1y requested in the fonn referred to in this subsection, on payment of the prescribed fee. (6) The Registrar shall consider an application in terms of subsection (5) as expeditiously as possible and in any event no later than seven working days from the date oftbe application. (7) On considemtion of an application pursuant to subsection (5) the Registrar may 223 No. 12/2017 LA1''0 COMMlSSION Cap. 20: 29 (a) grant it unconditionally; (b) refuse to grant it, or grant it partially or conditionally on the grounds that the disclosure or full or uucooditional disclosure of the requested information is prejudicial or potentially prejudicial to the defence, public safety or public order of Zimbabwe or to the general public or national interest. 41 Registration of partially alienated State land rights ( l) Immediately upon receiving any application for the issue or grant of a partially alienated State land right, the Registrar shall without delay transmit the pa1ticulars thereof to the Executive Secretary of the Commission, which shall at its next meeting (whether ordinary or extraordinary) without undue delay detem1ine whether or not to recommend to the Minister the final registration of the partially nlieuated State land tight in question: Provided that iu order to enable the Commission to properly consider the application the Commission may, through the Executive Secretary, request for further particulars from the Registrar in connection with the application for the partially alienated State land right in question, and the Registrar shall promptly comply with such request so that the question of whether or not to recommend that the Minister should exercise his or her powers in terms of section 17 to grant the application may be made by the Commission no later than its next meeting after the meeting when the additional particulars were requested. (2) Immediately on concluding its consideration of an application in terms of subsection (1) the Commission shaU transmit iu writing to the Minister through the Regist1ar its recommendation together with any observations it may wisb to make thereon, and the Minister, after taking into account any observations of the Commission, do any one the followi ng as may be appropriate or seem fit to him or her (a) uphold the reconunendatiou of the Commission not to issue or graul tlte partially alienated State land right; or (b) reject the recommendation of the Commission not to issue or grant the partially alienated State land right; or (c) uphold the recommendation of the Commission to issue or grant the partially alienated State laud right; or (d) reject the recommendation of the Commission to issue or grant the partially alienated State land right. (3) If the Minister makes a decision in accordance with (a) subsection (2)(a) or (2)(d), he or she shall communicate his or her decision to tJ1e Commission in writing through the Registrar, giving his or her reasons for the decision where he or she makes a decision in accordance with subsection (2)(d); or (b) subsection (2)(b) or (2)(c), he or she shall communicate his or her decision t9 the Commission through the Registrar (giving his or her reasons for the decision where he or she makes a decision in accordance with subsection (2)(b)), and thereupon the Registrar shall without delay register the partially alienated State land right to which the particulars relate by entering it in the Register. (4) A pa1tially alienated State land right shall be or be deemed to be finally registered on the date such pa1tially alienated State laud right is entered in tl1e Register. 224 Cap. 20:29 LAND COMMISSION No.12/2017 42 Entries in Register to be conclusive proof of partially alienated State land right (1) Every entry in the Register of a pa1tially alienated State land right shall be deemed to be the definitive record of such right, and in the event of any inconsistency between such entry and any other record of such right kept in terms of this Act or otherwise, lheent1y in tile Registry shaU prevail as proofofthe partially alienated State land right or any pa1ticular thereof. (2) A document (including one issued pursuant to sectiou 40(4)(b) or (5)(b)) purporting to be a certificate issued by tile Registrar of the contents of any enlly in the Regishy shall be admissible in any proceedings on its production by any person as primafacie evidence of such contents. PART IX STATUTORY SERVITUDES IN RELATION TO PARTIALLY ALIENATED STATE LAND 43 Interpretation in Part IX Tu this Part "claimaut" means au interested pa1ty who lodges a request for the creation or variation in his or her favour of a statutory servitude iu terms of section 45(l)(b), and includes (a) any one or more interested pa1ties who are lawful holders oroccupiers referred to in paragraph (b) of the definition of ·')awful holder or occupier"; or (b) the owner of private agricultural land claiming a statutory servitude over partially alienated State laud, in relation to which servitude he or she will be the holder of tile dominant tenement thereof; (c) tbe State or a local authority; or ( d) any statutory body other than one referred to in section 44(2); ·'creation", in relation to a statutory servitude, includes lhe preservation, confirmation, restoration or adjustment of a pre-existing servitude by means of the creation of tbe statutory servitude; "designated officer" means (a) a Government Land Officer; or (b) such other officer as the Secretary may designate in writing; "dispute in connection with the creation of a statutory servitude" means a dispute about whether to create tl1e servitude in question, or about the nature, scope or particulars of the statutory servitude to be created, or whether any compensation is payable for an alleged loss or deprivation of rights sufTered by the holder of a servient tenement in relation to that servitude, and as to the amount of tl1e compensation, if payable; "interested party" means every lawful holdcroroccupier oflaud within the area on or over which a statutory servitude is proposed to be created, varied or cancelled in terms of section 45; " lawful bolder or occupier", in relation to land that is (a) private agricultural land, means the owner thereof; 225 No.12/2017 LANO COMMISSION Cap. 20:29 (b) any po11ion of State land or Gazetted laud, means the holder of a lawful aut11ority from the State to hold, use or occupy such land in the formof (i) an offer letter; or (ii) a ninety-nine lease; or (iii) a lease with a purchase option; or (iv) a pcmut; (v) any other land settlement lease; and tbe word " landholder" shall be construed accordingly; "negotiated statutory se1vitude" meaus a proposed statutory servitude refen-ed to in section 45(1)(c); "permanent servitude" means a se1vitudc other than a temporary servitude; "se1vitude" means any praedial or personal servitude registrable as such in tenns oftbe Deeds Registries Act, including (but not limited to) a setvitudc fora 1ightofway,a water servitude, a grazing scivitude,and a se1vitude for the extraction of water, wood or other materials from the servient teuemcut; "servitude of passage" means the right to occupy and use so much land belonging to another as may be necessary for or incidental to the passage of water and includes t11e right (a) to construct such water works as may be necessary for such passage on such land and over, under or alongside ot11cr water works, or to enlarge and extend existing water works; and (b) of access to and over the area subject to such right of occupation and use, after giving such notice as is reasonable in the circumstances to the occupier thereof, for the purpose of constructing, inspecting, maintaining and operating water works referred to in paragraph (a) or for any other purpose necessa1)' for tl1e effective enjoyment of the rights referred to in this definition; "servitude of right of way" means the right to pass through land lawfully held or occupied by another; "servitude of storage" means the right to occupy and use land lawfully held or occupied by another by inundating it with water by means of water storage works, together wiili such land (a) contiguous to the land so inundated as may be required to be occupied and used by the holder of the servitude of storage for the purpose of preventing the pollution of the water stored by or in the water storage works; and (b) adjacent to or near the land so inundated as may be required to be occupied and used for ilie purpose of passage, after giving such notice as is reasonable in the circumstances to the occupier thereof, for the purpose of cleansing and maintaining the water storage works or for any other purpose necessary for the effective enjoyment of the rights referred to in this definition; "temporary servitude" means a servitude with a durdtion of (a) a fixed number of years; or (b) the pc1iod for which it is used for the purpose for which it is granted, witl1 or without fu1ther specification of such duration; 226 ..... Cap. 20:29 LAND CoM,vr1ss10N No.12/2017 "Water Act" means the Waler Act [Chapter 20:24] (No. 31 of 1998) or any other Jaw that may be substituted for the same; "water storage works" means a dam, reservoir or well; '\.vater works" means {a) a borehole, canal, channel, embankment, filter, 61terbed, pipeline, pumping plant, purification plant, plant for the generation of hydro elcctJic power, water storage works or well; or (b) any accessory, apparatus, appliance, fitting, machinery orother thing constructed, erected or used for or in connection with the abstractiou, control, diversion, drainage, filtration, passage, purification, storage, supply or use of water, including efnuent or waste water, or tbe conservation of rainfal I or the development of water power; or (c) any land occupied for or in cormection with the abstraction, control, diversion, drainage, filtration, passage, purification, storage, supply or use of water, including ef1luent or waste water; or (d) any gauge post, measuring weir or other appliance erected or used for undertakings authorised by or in terms of the Water Act. 44 Application of Part IX (l) This Part applies to the creation of statutory servitudes, including water servitudes as defined in the Water Act, as between (a) (b) interested pa1ties who ail! all lawful holders or occupiers referred to in paragraph (b) of the definition of "lawf u1 holder or occupier" in section 43; or any one or more interested pa.tics who are lawful holders or occupiers referred to in parngraph (b) of the definition of"lawful holder or occupier" in section 43and (i) a claimant who is the owner of private agricultural land, if the claimant is proposed to be the holder of the dominant tenement in relation to the statutory servitude; (ii) an owner of private agricultural land, if the owner is proposed to be tJ1e holder of the servient tenement in relation to the statutory servitude and the owner consents iu writing to the designated officer to the pro)X)sal for the creation of the statutory servitude being dealt with in accordance with this Part. (2) \Vhere any statutory body is (a) established directly by or under any enactment; and (b) empowered or required by the enactment referred to in paragraph (a) to acquire any servitude; and the statutory body wishes to acquire a servitude in relation to partially alienated State land .that is lawfully held or occupied by persons referred to in paragraph (b) of the definition of "lawful holder or occupier" in section 43, then, subject to subsection (3), wltere tlte land is held under (c) a ninety-nine year lease or a lease with a purchase option, the provisions of U1e enactment concerned shall apply as if the holder or lessee is the owner of private agricultural land; or (d) an offer letter, a permit or any land settlement lease other than a ninety nine year lease or a lease with a purchase option, this Part shall, despite 227 Cap. 20:29 LAND COMMISSION No. 12/2017 "Water Act" means the Water Act [Chapter 20:24] (No. 31 of 1998) or any other law that may be substituted for the same; "water storage works" means a dam, reservoir or well; "water works" means (a) a borehole, canal, channel, embankment, filter, filterbed, pipeline, pumping plant, purification plant, plant for tbe generation of hydro electric power, water storage works or well; or (b) any accessory, apparatus, appliance, fitting, machinery or other thing constructed, erected or used for or in connection with the abstraction, control, diversion, d1ainage, filtration, passage, purification, storage, supply or use of water, including effluent or waste water, or the conservation of rainfall or the development of water power; or ( c) any land occupied for or in connection with the abstraction, control, diversion, drainage, filtration, passage, purification, storage, supply or use of water, including effluent or waste water; or ( d) any gauge post, measming weir or other appliance erected or used for undertakings authorised by or in terms of the Water Act. 44 Application of Part IX (I) This Part applies to the creation of statutory servitudes, including water servitudes as defined in the Water Act, as between (a) interested patties who are all lawful holders or occupiers referred to in pa1agraph (b) of the definition of " lawful bolder or occupier" in sect.ion 43; or (b) ,my one or more interested patties who are lawful holders or occupiers referred to in paragraph (b) of the definition of"lawful holder or occupier" in section 43 and (i) a claimant who is the owner of private agricultural land, if the claimant is proposed to be the holder of the dominant tenement in relation to the statutory servitude; (ii) au owner of private agricultural land, if the owner is proposed to be the holder of the serv ient tenement in relation to the l';tatutory servitude and the owner consents in writing to the designated officer to the proposal for the creation of the statutory servitude being dealt with in accordance with this Part. (2) Where auy statutory body is (a) established directly by or under any enactment; and (b) empowered or required by the enactment referred to in paragraph (a) to acquire any servitude; and the statutory body wishes lo acquire a servitude in relation to partially alienated State land.that is lawfully held or occupied by persons referred to in paragraph (b) of the definition of " lawful holder or occupier" in section 43, then, subject to subsection (3), where the land is held under (c) a ninety-nine year lease·or a lease with a purchase option, the provisions of the enactment concerned shall apply as if the holder or lessee is the owner of private agricultural land; or (d) an offer letter, a permit or any land settlement lease other than a ninety nine year lease or a lease with a purchase option, this Part shall, despite 227 No. 12/2017 LAND COMMISSION Cap. 20:29 anything contained in the enactment concerned, apply as if the statutory body is a claimant. (3) ff the enactment referred to in subsection (2) provides for the compulsory acquisition by the statutory body of the servitude in question, then, to the extent tliat this Part applies to the acquisition of that servitude in terms of subsection (2)(d), neither the designated officer nor the Commission sliall ente11ain any dispute or questiou conceru.iug tile creation of the servitude, other than disputes or questions involving (a) the extent of the loss or dep1ivalio11 of tights (if any) likely to result from tl1e creation of the servitude; and (b) if the extent of such loss or deprivation is established, the amount of compensation payable therefor by the statutory body. (4) Where, in relation to p1ivate agricultural land, the Minister is satisfie<l, after affording tl1e owner thereof a reasonable oppo1tu11ity to make representations in the matter, that it is uecessary (a) in the interests of defence, public safety, public order, public morality, public health or town and country planning; or (b) for a purpose beneficial to the community; to create a statutory servitude in favour of any one or more interested parties who are lawful holders or occupiers referred to in paragraph (b) of the definition of "lawful holder or occupier" in section 43, the Minister may, if negotiations with the owner concemed do not result in au agreement to create the statutory servitude in question, apply the provisions of the Land Acquisition Act [Chapter 20: 101 for the purpose of acquiring such right or interest in the private agricultural land concerned as may be required for the creation of the servitude. 45 Powers of designated officers in regard to creation, variation and cancellation of statutory servitudes (1) Subject to th.is Pait, a designated officer (on notice to the Secretary, and subject to any writteu directions of the Secretary) may (a) on his or her own initiative; or (b) at the written request of any claimant or persou wishing to have a statutory servitude created, cancelled or varied; or (c) at the written request of two or more interested parties who are holders of the dominant and se rv ieut tenements involved in the creation or variation of the statutory servitude and have agreed to the creation or variation or the statutory servitude (hereinafter in this Part referred to as a "negotiated statutory servitude"); or ( d) at the written request of two or more interested parties wishing to cancel an existing statutory servitude who are Iiolders of the domiuant and servient tenements of that servitude; exercise his or her power to create, vary or cancel any statutory servitude in relation to any portion of State laud or Gaz.etted land that is lawfully occupied by two or more holders of offers letters, ninety-nine year leases, leases with a purchase option, penuits, other leases issued by tile State, or any com biuation of the foregoing. (2) Subject to subsection (3) a designated officer shall not exercise his or her power iu te1m'i of subsection (1) to create, vary or cancel a statutory servitude (a) except for the purpose of preserving, confinning, restoring or adjusting any pre-existing servitude in relation to the laud referwd to in that subsection 228 Cap. 20:29 LAND Co:-.,rrvrrssroN No. 12/2017 (whether or not the servitudes in question were extinguished when the land was originally acquired by the State); or (b) unless, in the case of the proposed creation of any new se1vitudc in relation to the land refetTed to in that subsection, or the variation of au existing statutory servitude, the designated officer is satisfied that (i) the object for which the servitude is to be created or the existing servitude varied is best achieved by the creation or variation of the servitude, as the case may be; and (ii) the proposed new servitude, or the variation of an existing one. is fair and reasonable and is or A. of sufficient agricultunil or other utility to justify its creation or va,iation; or B. required to secure access by any la11dholderto his or her holding or to the nearest public road; or C. required for a purpose ( other than a purpose referred to in subparagraph A or B) which is justifiable in the public or national interest; (c) unless, iu the case of the proposed cancellation of an existing statutory servitude in relation to the laud referred to in that s ubsection, the designated officer is satisfied that there is no reasonable or sufficient objection or impediment to its cauccllation. (3) Before exercising bis or ber power in terms of subsection ( I ) a designated officer shall conduct such investigation as he or she deems fit to ensure that the creation, variation or cancellation of the statutory servitude in question will uot involve (a) (b) (c) uudue damage to or interference with the 1ights of any landholder subjected to the servitude; or where tl1ree or more landholders will be affected by the creation, variation or cancellation of the servitude, more loss to or damage or interference with the rights of any landholder subjected to the servitude than would be justified by the benefits accruing to the affected land.holders collectively; or in the case of a negotiated statutory servitude, unfaimess to any of the interested parties involved, or will not prejudicially affect the rights of neighbouring landholders. (4) For the purpose of an investigation in terms of subsection (3) the designated officer and any person authorised in writing by him or her may enter upon any land, other than a dwelling-house thereon, for the purpose of obtaining the information required for compliance witb that subsection. 46 Method of creating, varying or cancelling statutory servitudes ( 1) Where a designated officer proposes to create, vary or cancel a statutory servitude (wJ1ether on his or her owu initiative or in the circumstances referred to in section 45( l)(b), (c) or (d)) he or she shall se1ve on every interested pa1ty notice in writing (a) describing the locality and nature of the proposed or existing statutory servitude, whether the proposed statutory servitude is permanent or 229 No. 12/2017 LAND COMMJSSION Cap. 20:29 temporary and, in the case of a variation of an existing statutory servitude, the nature and extent of Ule variation; and (b) state whether the proposal to create, vary or cancel tbe statutory servitude is being made at the designated officer's own initiative, or at the request of any claimant or interested party (in wlticb event each daimant or interested party coucemed shall be named in the notice); and (c) inviting any interested party (i) to state whether he or she agrees to the creation, vanat1011 or cancellation of the statutory servitude conditionally or w1conditioually and, if conditionally, lo specify tbe conditions under which he or she may agree to its creation, variation or cancellation; and (ii) if he or she wishes to seek compensation in respect of any loss or dep1ivatio11 of rights likely to result from tbe creation, variation or cancellation of tbe statutory servitude, to submit to the designated officer, within a period of sixty days from the date of service of the notice or such longer period as the designated officer may for good and sufficient reason allow, a statement in writing specifying in detail the uature of the loss or deprivation of rights likely to he caused to the interested pa11.y as a result of the creation, variation or cancellation of the statutory servitude. (2) Where a designated officer seeks to create or vary a statutory servitude to give effect to a negotiated statutory servitude, he or she shall, after an iuvestigation, if any, referred to in section 45(3)(c), proceed in terms of subsection (6). (3) Where compensation in respect of any loss or dep1ivation of rights likely to result from the creation, variation or cancellation of a statutory servitude is sought by an interested party in terms of this section and the proposal to create, vary or cancel a statutory servitude was ruade (a) on the initiative of the desiguated officer, the compensation shall be payable by the Ministry aloue or, where the statutory servitude is to be created in favour of any interested party ("the beneficiary"), i11 the shares agreed by the Ministly and the beneficiary concerned; or (b) at the request of any claimant or interested party, the compeusatiou shall be payable by the claimant or interested party, and tl1e designated officer shall transmit a copy of any statement refetTed to in subsection (l)(c)(ii) to the claimant or interested party. (4) If an interested party notifies the designated officer that be or she agrees to the creation, variation or cancellation of the statutory servitude conditionally upou compensation being paid in respect of any loss or deptivatiou of 1ights likely to result from its creation, variation or caucellation, the designated officer shall endeavour within sixty days of the service of the notice under subsection (1) (a) to establish the extent of the loss or dep1ivation of rights (if any) likely to result from the creation, variation or cancellation of the statutory setvitude; and (b) if the extent of such loss or deprivation is established, to conclude au agreement 011 the amount of compensation payable therefor by the Ministry, the claimant or interested party, or the Miuistty and beneficiary jointly, as the case may be. 230 Cap. 20:29 LAND COMMISSION No. 12/2017 (5) If an interested party (hereafter in th.is Pait rcfe1Ted to as a "non-concuning interested party") referred to in subsection (1) (a) does not, within a period of sixty days from the date of service of the notice rcfened to in that subsection or such longer period as the designated officer may for good and sufficient reason have allowed (i) agree in writing to the request refcncd to in pamgraph (a) of that subsection for tbe creation, variation or cancellation of the statutory servitude; or (ii) agree in writing with the designated officer, claimant or beneficiary on the amount of compensation payable for auy loss or deprivation of rights likely to result from the creation, va1iation or cancellation of the statutory servitude; or (b) lacks full legal capacity to agree to the request refcned to in paragraph (a) of that subsection; the designated officer shall require (by notice in writing) every non-concurring interested party or his or her legal representative to furnish lo the Secretary (within thirty days of the receipt of the notice) the prescribed security for the costs of llaving the dispute detenuined by the Commission. (6) Ir there is no dispute about the creation, variation or cancellation of a statuto1y servitude or about any compensation to be payable therefor, or if no non concurring pa1ty furnishes the prescribed security within the allowed period (or such longer pe1iod as the Secreta1y may for good and sufficient reason allow), the designated officer shall by notice in writing to every interested party, summon every interested party or his or her legal representative, if any, to attend a meeting at the ti me and place specified in tbe notice for the purpose or enabling the designated officer to verify the particulars of the statutory servitude in the presence of every interested pa1ty in attendance: Provided that (a) every interested party or his or her legal representative, if any, shall have not less than three days' notice (including Saturdays, Sm1days and public holidays) of the time and place of the meeting; and (b) the failure by any interested party to attend the meeting of which he or she has been given due notice in accord,111ce with this subsection shall not affect the validity or the meeting or anything done in the course or as a result of the meeting. (7) At a meeting convened in terms of subsection (6) the designated officer shall (a) cause the document embodying tbe particulars or the proposed creation, variation or cancellation of the statutory servitude (hereafter in this Pait called the "statut01y servitude protocol") to be read over or made available to every iuterested party; and (b) record on the statutory servitude protocol the time and place of the meeting, the names of all those who attended al the meeting and the capacities in which they so atteuded; and (c) ve1ify the statutory servitude protocol by endorsing upon it the word "verified" and his or her signature and the place and date of verification; and 231 No. 12/2017 LAND COMMISSION Cap. 20:29 (d) invite every interested party present, or his or her legal representative, to sign the statutory servitude protocol: Provided that auy fail ure by an interested party to sign the protocol shall not affect its validity. (8) At the conclusion of the meeting convened in terms of subsection (6) the designated officer shall transmit two authenticated copies of the statutory servitude protocol to the Secretary in his or her capacity as the Registrar of Partially Alienated Stale Land Rights, and the Secreta1y shall make the appropriate enti-ies in the Register recording the creation, variation or cancellation of the statutory servitude as an endorsement or encumbrance on the offer letter, lease or permit concerned: Provided that if there is any prescribed fee for the making of th.is record by the Secretary, any claimant for the statut01y seIVitude or its variation recorded in his or her favour (or. in the case of a negotiated statuto1y servitude, all the parties thereto in equal shares) shall pay the prescribed fee. (9) Upon receiving written confirmation from the Secretary that the approp1iate entries in the Register have been made, the designated officer shall furnish an authenticated copy of the statutory se1vitude protocol to every interested party with the date of the recording of the creation, variation or cancellation of the statutory servitude endorsed thereon. (10) Sections 47 aud 48 shall apply if (a) there is a dispute about the creation, variation or cancellation of a statutory servitude or about any compensation to be payable therefor; and (b) any non-concurring party fumishes the prescribed security within tb.c allowed period (or such longer period as the Secretary may for good and sufficient reason allow). 47 Reference of disputes in connection with proposed statutory servitudes and rights, privileges and obligations of interested parties at hearings (l) If a designated officer responsible for proposing the creation, variation or cancellation of a statutory servitude (whether on his or her own initiative or in the circumstances refen-ed to in section 45( l)(b), (c) or (d)) receives written confirmation from the Secretary that a non-concurring paity in relation to that proposal has furnished to the Secretary the prescribed security within the allowed period ( or such longer period as the Secretary may for good and sufficient reason allow), the designated officer shall, through the Secretary, lodge with the Commission the notice refen-ed to in section 46( 1) and a written statement of the issues in dispute, and thereafter provisions of the Fifth Schedule and section 61 shall apply to the resolution of the d ispute. (2) A non-concun-ing pa11y and eve1y other interested party shall (a) have the right to appear as a pa1ty before the Commission on the bearing of a proposal to create, vary or cancel a statutory seIVitude or an issue of compensation or both; and (b) if he or she appears in tenns of paragraph (a) (i) have a11 the privileges belonging to; and (ii) be subject to all the obligations which are or may be imposed on; a party to proceedings before the Administrative Court. 232 Cap. 20:29 LAND COMMISSION No. 12/2017 48 Powers of Commission in regard to disputes in connection with proposed statutory servitudes (1) Subject to this section, the Commission may, if a dispute in connection with the creation, variation or cancellation of a statutory servitude is not resolved in accordance with the Fifth Sc!Jedule and is put before it for its detem1iuation in accordance with that Schedule (a) grant the proposed se1,1itude or endorse its variation or cancellation, with or without mo<lificatious and subject to such conditions as it thinks fit; or (b) dismiss the proposal for the creation, variation or cancellation of the statuto111 servitude, or for the preservation, confirmation, restoration or adjustment of a pre-existing servitude by means of the statutory sen1 ilude, on the ground that (i) the proposal is not, in terms of section 44, a competent one to be made in accordance with this Part; or (ii) the object for which the servitude is to be created, varied or cancelled or, if it relates to a pre-existing servitude, preserved, confirmed, restored or adjusted, is better achieved by other means; or (iii) the proposed new servitude or the va1iation of an existing servitude is not A. o( sufficient agricultural or other utility to justify its creation; or B. required for a purpose (other than a purpose referred to in subparagraph A) which is j usti fiable in the public or national interest; or (iv) the proposal is not fair and reasonable or is not made in good fa ith; or (v) the servitude concerned or its variation is likely to cause A. undue damage to or interference with the rights of any landholder subjected to the servitude; or B. where three or more landholders will be affected by the creation of the servitude, more loss to or damage or interference with the rights of any landholder subjected to the servitude than would be justified by the benefits accruing to the affected landholders collectively; and shall dismiss the proposal if, in the case of a servitude refetTed to in section 11 of the Commtmal Land Act [Chapter 20:04], the Minister responsible for the administration of that Act has uot consented to the creation of the servitude, or a condition fixed by that Minister in giving his or her consent cannot be made binding on a claimant, beneficiary or any holder of a servient or dominant tenement in relation to the proposed servitude. (2) Subject to this section, the Commission may, on an issue of compensation that is put before it for its determination in accordance with the Fifth Schedule, award or refuse to award compensation to the interested party concerned in respect of any loss or depri ,1atiou of rights likely lo result from the creation of the proposed staluto1y servitude. 233 No. 12/2017 LAND COMMISSION Cap.20:29 (3) Wl1enever a ny diagram showing the land affected by, and the situation thereon of, the proposed statutory servitude is sought to be adduced or received in evidence at the l1eruiug of a dispute in connection with the creation, variation or caucellatiou of a statutory servitude, the diagram shall uot be admissible in evidence before the Commission unless it has been prepared in accordance with the Land Siu-vey Act [Chapter 20:121. (4) Compensation awarded by the Commission in tenns of subsection (2) shall not exceed an amount representing compensation for auy expense or loss which may reasonably be incurred or suffered d irectly as a result of the creation, va1iation or cancellation of the statuto1y servitude. 49 Rights of lawful holders or occupiers subject to statutory or other servitudes of passage, rights or way, storage, etc. (1) A lawful holder or occupier of land who constructs water works for the passage of water, which water works (a) prevent any owner of land from passing freely over or on to his or her land or from exercising his or her rights under a statuto1y servitude or other servitude of right of way or of passage; or (b) obstmct the free circulation of water in the drninage or irrigation of any land or interfere with any mining operations thereon; shall construct, maintain and repair (i) such bridges and other works as will make it convenient and safe to pass over or on to the land referred to in paragraph (a); or (ii) such aqueducts, culverts and other works as are necessa1y to secure the free circulation of water referred to in paragraph (b) or prevent interference witJ1 the mining referred to in that pamgraph; unless he or she is exempted from the duty to do so by agreement or otherwise. (2) In exercising a statutory servitude or other servitude of passage across a road, the holder of the servitude of passage shall, after having obtained the consent of the road a uthority concerned, construct, maintain and repair such works as will prevent inconvenience or danger lo members of the public using the road, in accordance with the instrnctions of the Secretary. (3) Subject to any statutory servitude protocol or other agreement or award by which the servitude concerned was acquired, a statutory servitude or other servitude or storage shall not deprive tJ1e lawful holder or occupier of the land subject to the servitude of the use of any pa11 of the laud, whether submerged or unsubmerged: Provided th.at such use is not dellimental to the enjoyment of the servitude of storage. (4) Tue holder of a statutory servitude or other servitude of storage shall, before commencing the construction of the water storage works concerned, notify the lawful holder or occupier of the land subject to the servitude of storage in writing of (a) his or her intention to construct tJ1e water storage works; and (b) the provisions of subsection (5). (5) The lawful holdcroroccupierofland subject to a statutory servitude or other serv itude of storage may, before the construction of the water storage works concerned is commenced and on 234 Cap. 20:29 LAND COMMISSION No. 12/2017 (a) payment to the holder of the servitude of storage of such share of the costs of constructing, enlarging, maintaining or repairing the water storage works; and (b) fulfi lment of such conditions, other than the payment refened to in paragraph (a); as may be ag1eed or, fai ling agreement, as may be fixed by tlte designated officer, participate in the benefit of the water storage works in proportiou to the share of the cost: Provided that, if the servitude of storage has been acquired by (a) the State or a local authority; or (b) any statutory body (i) established or re-established directly by or under an enactment; and (ii) empowered or required by the enactment referred to iu subparagraph (i) to acquire the servitude of storage; the lawful holder or occupier of land shaJI not be entitled so to participate in the benefit of such water storage works. (6) Every statutory or other water stornge sen'itude or other servitude for the constructiott or maintenance of water works shall include a right to take gravel, rock, sand, soil, stone or wood from the land subject to the servitude for the purpose of maintaining or repairing any water works thereon on payment to the lawful holder or occupier of such land of such compensation as may be agreed or, failing agreement, as may be fixed by the designated officer: Provided that no gravel, rock, sand, soil, stone or wood shall be taken from (a) within a distance of five lnmdred metres of any afforested or cultivated lands, premises or other structures, mining works or quarries; or (b) forest land as defined in the Forest Act [Chapter 19:05]; without the pennission of the lawful holder or occupier thereof. (7) Notwithstanding anything contained in subsection (1), the designated officer (a) m.ay, if he or she considers that the permission of tbe lawful holder or occupier concerned is being unreasonably withheld, authorise the taking of gravel, rock, sand, soil, stone or wood from (i) within the distance refen-ed to in paragraph (a} of the proviso to subsection (l); or (ii) forest laud as defined in the Forest Act [Chapter 19:05]; and (b) sltall determine what compensation, if any, is to be paid by the holder of the servitude concemed to the lawful holder or occupier refen·cd to in paragraph (a) in respect of any loss or damage which may result from any taking authoiised in terms of that paragraph. (8) In subsection (2) "road "and "road authority" have the respective meanings given by the Roads Act [Chapter 13:18] (No. 6 of2001). 235 No. 12/2017 LM'D COMMISSION Cap. 20:29 50 Registration of statutory servitudes in Deeds Registry (I) Any lawful holder or occupier of land affected by the creation of a statutory servitude who is (a) the owner of pri vatc agricultural land that is (i) the dominant tenement in respect of the statutory servitude in question, shall, at his or her own expense, register the servitude at the Deeds Registry in accordance with th.is section; or (ii) the servient tenement in respect of the statuto1y servitude in question, shall (unless otherwise agreed by the patties to the servitude), register the servitude at the Deeds Registry in accordance with this section at the expense of the holder of the dominant tenement it1 question (which expense, if not paid by the liolder of the dominaut tenement, may be sued for by the )lolder of the servient tenement in a cou1t of competent juiisdiction); or (b) the lessee of a ninety-nine year lease, may, in accordance with this section, register the se1vitude at ilie Deeds Registry by endorsement of his or her lease as if references to a "title deed" aud or "owner" in this section and in the Deeds Registries Act were references to such lease and such lessee. (2) For the purpose of registration of a servitude, there shall be lodged with the Registrar of Deeds the necessary registration fees together with (a) in the case of a servitude awarded by tlie Commission, two copies of the award duly certified by the Registra1~ Provided that 110 such copies shall be lodged with the Registrar of Deeds until after the expiry of the period witliin which notice of au appeal in ten11S of section 61(1) to the Minister against such award may be given or, if notice of appeal has been given, until the award of the servitude has been confinned on appeal or the appeal concerned ha~ not been prosecuted or has been dismissed; or (b} in the case of a servitude created by virtue of a statutory servitude protocol, the copies oftbe protocol and such oilier documents as may be required by the Registrar of Deeds for the registration of the servitude. (3) On receipt of tlie fees at1d documents refcired to in subsection (2), the Registmr of Deeds shall, if satisfied that the fees and documeuts are in order, cause the sc1vitude concemed to be registered on the title deeds of all pieces of land affected by it and in the appropriate registers iu accordance with tl1e temlS of the award or agreement concerned: Provided that the Registrar of Deeds may refuse to register a servitude referred to in subsection (2)(a) if, in his or her opiu.ion, the award or agreement is not reasonably free from ambiguity. (4) If the owner of land subject to a servitude fails to produce his or her copy of the title deed of the land for the purpose of registration, the Registrar of Deeds shall note the servitude on the title deed in the Deeds Registry aud in the appropriate registers. (5) After making a note in terms of subsection (4), no other act of registration shall be made in respect of the piece of land concemed until the servitude has been registered on the title deed of the owner of the land. (6) If the Litle deed referred to in subsection (5) is for any reason lodged with the Registrar of Deeds he or she shall retain the title deed until the se1vitude concerned has been registered thereon. 236 Cap. 20:29 LAND COMMISSION No. 12/2017 (7) Whenever a formal or other minor alteration in the wording of a servitude awarded by the Commission is required for the purpose of registering the servitude, the alteration may be made under the signature of the chairperson of the Conunission. (8) For the purpose of registering a servitude which, in the opinion of the Registrar of Deeds, cannot adequately be defined by description, a diagram prepared in accordance with the Land Survey Act [Chapter 20:12] shall be submitted to him or her showing the land subject to, and the situation thereon of, U1e servitude. 51 Disputes in connection with statutory servitudes (1) An interested party who is aggrieved by (a) any act or omission of a designated officer or other iJ1terested pmty in couueetiou with the exercise of the rights or obligations in connection with a statutory servitude after it has been created or varied, or by the interpretation of any provision of a statutory servitude protocol; or (b) any act or omission of a designated officer or other person in connection with the application of section 49; shall furnish to the Secretaty (within thirty days of giving written notice of the dispute to the appropriate designated officer referred to in subsection (2)) the prescribed security for the costs of having the dispute detennined by the Commission. (2) If a designated officer responsible for the area ou or over which the statutory servitude concemed iu the dispute subsists, receives written confirmation from the Secretary that a disputant in relation to that servitude has fum.ished to the Secretary the prescribed security within U1c allowed period (or such longer period as the Secreta1y may for good and sufficient reason allow), the designated officer shall, through the Secretary, lodge with the Commission a w1itte11 statement of the issues in dispute, and thereafter (a) the provisions of the Fifth Schedule and section 61 shall apply to the resolution of the dispute; and (b) section 47(2) applies to the rights, privileges aud obligations or the disputants. 52 Registration of certain pre-existing servitudes or agreements for servitudes concluded before commencement of this Act If a designated officer is satisfied that U1ere subsists on or over any land iu the area for which he or she is responsible (a) a pre-existing servitude that the lawful holders or occupiers of the land subject to the servitude arc aware of, and that the holders or occupiers concerned have been exercising the 1ights and obligations deriving from, the servitude before tJ1e commencement of this Act; or (b) any 1ights or obligations in the nature of a servitude which, before the commencement of this Act, had been agreed between the lawful holders or occupiers of the land subject to the agreement, whether or not such agreement was brokered by any officer of the Ministry, and whether or not such agreement has been reduced to writing; then the designated of-ficer shall, notwithstanding anything in section 45 and 46, act in tenns of section 46( 4), (5), (6) and (7) to create the statutoty servitude embodying the pre-existing servitude or the agreement referred to in paragraph (b) as if there is no dispute about the creation of a statutory servitude or about any compensation to be payable therefor. 237 No. 12/2017 LAND COMMISSION Cap. 20:29 PARTX fJNANCIAL PROVISIONS 53 Funds of Commission (1) The funds of the Commission shall consist of (a) moneys appropriated by Act of Parliament for the salaries and allowances payable to and i 11 respect of members of the Commission and the recuncnt administrative expenses of the Commission; and (b) any other moneys that may be payable to the Commission from moneys appropriated for tl1e purpose by Act of Parliament; and (c) any donations, grants, bequests or loans made by any person or organisation or any government of any country to the Commission with the approval of the Minister; and ( d) any other moneys Utat may vest in or accrue to the Commission, whether iu terms of tbis Act or otherwi e. (2) The Commission shall apply its funds to the fulfilment of its functions . (3) Moneys not immediately required by the Commission may be invested in such a mauner as the Commission, with the approval of the Minister and the Minister responsible for finance, considers appropriate. 54 Accounts of Commission and appointment of internal auditors (1) The Commissiou shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the Commission's activities, funds and prope1ty, including such pa1ticular accounts and records as the Minister may di reel. (2) As soon as possible after the end of each financial year, the Commission shall prepare and submit to the Minister a statement of accounts in respect of that financial year or in respect of such other pe1iod as the Minister may direct. (3) The internal auditors of the Ministry appointed in terms of section 80 of the Public Finance Mamgement Act [Chapter 22:19] (No. ll of2009), shall perfonn the duties of iutemal auditors with respect to the funds of the Conunission. 55 Audit of accounts (I) The accounts of tbe Commission shall be audited by the Auditor-General, who for that purpose shall have the fllllclious confe1Ted 011 him or her by set:tions 7 and 8 of the Audit Office Act [Chapter 22:18] (No. 12 of2009). (2) Any person under the authority or supervision of the Commission who refuses to provide the Auditor-General with an explanation or infonnation required by him or her for the pm-poses of an audit or knowingly provides U1e Auditor-General with a false explanation or infomtatiou, or au explanation or information that the person has no grounds for believing to be true, shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (3) NotwiUistanding anything contained in subsection ( 1 ), the Auditor-General may appoint a suitably qualified person to audit U1e accounts of the Commission and if he or she does so (a) subsections (I) and (2) shall apply in respect of the person so appointed as if he or she were the Auditor-General; and 238 Cap. 20:29 LAND CoMNoss10N No. 12/2017 (b) any expenses incurred by the person so appointed in ca1Tying out his or her audit shall be met from the funds of the Commission. PARTXJ GENERAL 56 Rentals payable by holders of partially alienated State land (1) The Miuister, after consultation with the Minister responsible for Finance, may, subject to subsection (2), charge monthly or annual rentals to be payable by holders of partially alienated State land, and iu so doing may (a) fix the same rate of rental payable by all holders of partially alienated State land; (b) fix different rates of rental depending on whether the partially alienated State laud is held under a permit, offer letter, ninety-nine year lease, lease with a purchase option or auy other kind of lease. (2) Subject to subsection (3), the rate of any rentals referred to in subsection (1) shall be fixed by the Finauce Act !Chapter 23:04]. (3) The Minister may, by statutory instmment, prescribe the following in relation to the rentals payable by holders of partially alienated State land, which statutory instrument may, subject to subsection (4), take effect before the matters prescribed therein are fixed and enacted by the Finance Act [Chapter 23:04] (a) the persons responsible for the payment, collection and remiHal of the rentals; and (b) the manner in which and the times at which the rentals shall be paid, collected and remitted; and (c) the basis upon which the rentals shall be calculated; and (d) the date from which the rentals shall be collected: Provided that such date shall not be earlier than the date of publication of the statutory instmmeut in U1e Gazette; and (e) the surcharge or interest, if any, to be paid by the persons referred to in paragraph (a) for failure to pay or remit the rentals timeously. (4) ff the matters prescribed in a statutory instrument made under subsection (3) are not fixed and enacted by an Act of Parliament amending the Finance Act [ Chapter 23 :04] within six months from the date of operation of the statutory instrument, the statutory instrument is deemed with effect from the expiry of that period to have been annulled, without, however, affecting the validity of anything done under it in the interval between the date when it came into operation and the date of its annulment 57 Minister may give policy directions to Commission, etc. (1) Subject to subsection (2), the Minister may give the Commission such general directions relating to the policy the Commission is to observe in the exercise of its functions as the Minister considers to be necessary in the national interest. (2) Before giving the Commission a directiou iu te1ms of subsection ( 1), the Minister sh.all inform the Commissiou, in w1iting, of the proposed direction and the Commission shall, within thirty days or such further period as the Minister may allow, submit to U1e Minister, in writing, its views on the proposal. 239 No. 12/2017 LAND CoMMrss10N Cap. 20:29 (3) The Commission shall take all necessary steps to comply with any direction given to it in tem1s of subsection (1 ). (4) When any directiou has been given to the Commission in tenus of subsection (1), the Commission shalt ensure that the direction aud any views the Commission has expressed on it in terms of subsection (2) are set out in the Commission's amrnal report. (5) Subject to subsection (6), where tl1e Minister, after consultation with the President, is of the view on reasonable grounds that any decision or action of the Commission is not in the interests of (a) the national defence, public safety or public order of Zimbabwe or is prejudicial to tlte general public or national interest; or (b) the interests of holders of pattially alienated State land as a whole; the Minister may direct the Commission in writing to reverse, suspend or rescind such decision or to reverse , suspend or resci nd such action. (6) Before making any direction in terms of subsection (5), the Minister shall inform the Commission in writing of llis or l1er intention to do so, setting out the purport of the proposed direction and his or lier grounds for making it, and the Commission may, within fourteen days of being so informed, make w1i tten representations lo tlle Minister on the matter. (7) The Commission shall, with due expedition or within a pe1io<l tllat the Minister may direct in w1iting, comply with any direction given to it i11 terms of subsection (5). 58 Immunity o legal proceedings sllall lie against the Commission or a11y member of the Commission or the Executive Secretary or any person acting under the direction of the Commission in respect of anything which is done in °ood fa ith and without gross negligence in pursuance of this Act. 59 Provincial, district and other offices of Commission The Commission shall endeavour to establisb a principal office and offkes at provincial, district and other administrative levels as it considers fit for the better performaJJcc of its functions . 60 Entry upon land {1) The Minister or any person autho1ised thereto in wri ting by the Minister, may, for the purposes of Part IV, at all reasonable times, enter upon any land with such persons, animals , vehicles and appliances as may be necessary for the execution of his, her or thei r duties and may enter and inspect auy such land aud do all such things thereon as are necessary for surveys or investigations in connection with the carrying out of anything authorised to be done under Part IV. (2) Any member of the Commission or a designated member of U1e staff of the Commission may, for the purposes of Pait VI, at all reasonable times enter upou any fa1m which is the subject of an investigation under that Part or iu respect of which an order has been given in terms of that Patt, together with such persons, animals, vehicles and appliances as may be necessary for the purposes of conducting such investigation or for asce1taining whether or not the tenns of the order are being complied with. (3) Every member of the Commission or employee of the Commission authmised by the Commission, and every inspector or a person authorised by the Minister may, at all reasonable times, enter upon a holding with such other persons, 240 Cap. 20:29 LAND COMMISSION No.12/2017 animals, vehicles and appliances as may be necessaiy for the purpose of any examinatiou of the holding or the famling operations being conducted thereon or for ascertaining whether or not the permit holder, holder of the offer letter or lessee is complying with the tenns and conditions of his or her permit or lease: (4) Nothing iu this section contained shall be construed as authorising entiy into a dwelling-house. (5) Any person who (a) obstructs, hinders or prevents entry upon land as is authorised by subsection (l); or (b) obstructs, binders or prevents entry upon a farm iu terms of subsection (2); or ( c) obstructs, hinders or prevents entry upon a holding in tenns of subsection (3); or ( d) obstructs or binders any person in the lawful exercise of his or her powers or duties under this Act, whether in the course of an exercise of a power of entry upon laud in terms of th.is section or otherwise; shall be guilt}' of au offence and liable to a fine not exceeding level fi ve or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 61 Appeals (l) Subject to this section, any person who is aggrieved by (a) the decision of, or action or lack of action on the part of, the Commission upou any dispute or complaint; or (b) such decision or action of the Commission as may be prescribed; may, ,,,itltiu twenty-eight days after being notified of the decision or action of the Commission concerned, appeal in writing to the Minister, submitting with bis or her appeal such fee as may be prescribed, and such appeal shall suspend the operation of any decision issued by the Commission. (2) For the purpose of determining an appeal U1e Minister may require the Commissio1t to fmuish him or her with the reasons for the decision or action that is the subject of the appeal and a copy of any evidence upon which the reasons are based. (3) The Minister, after due and expeditious inquiry, may make such order on any appeal as he or slle considers just: Provided that if tbe appeal involves any question of law, or any question of mixed law and fact, the Minister may consult with the Attorney-General aud obtain in w1iting from the Attorney-General an opiniou concerning the legal aspects of the appeal. (4) An aggrieved party may seek judicial review of any decision of the Minister on an appeal affecting him or her. (5) Upon any review of the Minister's decision in te1ms of subsection (4), the reviewing court shall do one of the following (a) uphold the Minister's decision on appeal; or 241 No. 12/2017 LAND COMMISSION Cap. 20:29 (b) refer tl1e matter of the appeal back to the Minister for reconsideration, whether with or without directions on how the matter is to be reconsidered. 62 False statements in land applications A persou who, in connection with an application for a pmtially alienated State land right, makes a false statement, knowing it to be false or not having reasonable grounds for believing it to be true, shall be guilty of au offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. 63 Purported alienation of Gazetted or other State land A person who purpo1ts, otherwise tban in accordance with tbe express terms of a lease or permit, or without the written a11tho1isation or consent of the acqui1ing authority, to allocate, allot, distribute, transfer, appmtion, assign, subdivide, distribute, sell, dispose of, donate or otherwise alienate any Gazetted or other State land, shall be guilty of au offence and liable to a fine not exceeding level seven in respect of each identifiable piece or po1tion of such land thus unlawfully dealt with, or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment. 64 Regulations (1) The Commission may make regulations (a) prescribing anything which by this Act and its Constitutional mandate is required or pe1mittcd to be prescribed or which, in its opinion, is necessary or convenient to be prescribed for the ca1Tying out or giving effect to this Act; (b) providing for the conditions of service of the Executive Secretary aud Ute staff of the Commission; (c) providing for the charging of any fee in cormection with any service provided by the Commission; (d) providing for the conduct of the Commission's audit, investigative and dispute settlement functions. (2) Regulations made in terms of subsection (1) may create offences and provide for the imposition of penalties for the contravention thereof not exceeding level fo1uteen or, in default of payment, imprisonment for a period not exceeding six months. (3) The regulations of the Commission shall not have effect w1til (a) the Minister has referred the regulations to Cabinet for its approval; and (b) they have been published (with such amendments as Cabiuet may have made) by the Minister in the Gazette. 65 Repeal of Cap. 20:01 and Cap. 20:18; savings and transitional provisions (1) Subjecttothis section, theAgricultural Laud Settlement Act [Chapter 20:01] and Rural Land Act rctzapter 20:18] are repealed. (2) Despite the repeal of the Agricultural Land Settlement Act [Chapter 20:01 ) (a) any lease, permit, offer letter, agreement or transaction issued or entered into or deemed to have been issued or entered into ttnder that Act, and in force immediately before the date of commencement of this Act, shall 242 Cap. 20:29 LAND COMMISSION No.12/2017 continue in force, and, in the case of any ninety-nine year lease or permit, be entered in tbe Register without compliance with the formalities for registratiou under Part VIII; (b) regulations made or deemed to have been made under that Act and in force immediately before the date of commencement of this Act, shall continue in force until amended, replaced or repealed in terms of this Act and shall be deemed to have been made in terms of U1is Act; (c) anytltiug done, or commenced under that Act and which, immediately before lite date of commencement of this Act, had or was capable of acquuing legal effect, shall be deemed, on or after that date, lo ltavc been made, done or conm1enced under the appropriate provision of this Act aud shall continue to have or to be capable of acquiring, as U1e case may be, the same legal effect; (d) any dispute commenced or complaint lodged under that Act involving the terms or issuauce of a lease, pennit or offer letter to which the Agricultural Land Settlement l3oard or the Ministry was a party or of which it was au intenncdiary shall, if not resolved before the commencement of this Act, be refe1Ted to the Commission for settlement as a dispute or complaint in accordance with this Act. (3) Despite the repeal oftbe Rural Land Act [Chapter 20:18] (a) an agreement or transaction entered iuto or deemed to have been entered into under that Act, and in force immediately before the dale or eommeucement of this Act, shall continue in force; (b) regulations made or deemed to have been made under that Act and in force immediately before the date of commcnccmcut of this Act, shall continue in force until amended or repealed in tenns of this Act and shall be deemed to have been made in terms of this Act; (c) anything done or commenced w1der that Act aud which, immediately before the date of commencement of this Act, had or was capable or acquiring legal effect, shall be deemed, on or after that date, lo have been made, done or commenced under the appropriate provision of this Act and shall continue to have or to be capable of acquiring, as the case may be, the same legal effect. 66 Transfer of certain employees from Ministry to Commission (!) In this section " transferred member" means a member of the staff of the 1vlinistry or Agricultural Land Settlement Board who ltas been transferred to the service of Ute Commission in terms of subsection (2). (2) Any person who immediately before the commencement of Utis Act was employed by U1e State as a member of the staff of the Ministry or Ute Agricultuml Land Settlement Board and who, with the leave of the Secretary and Civil Service Commission, wishes to be employed as a member of the staff of the Commission, may become so employed without any diminution in his or her previously applicable conditions of service. (3) The assets and rights of the State which (a) before the axed date, were used or othe1wise connected with U1e Ministry responsible for the repealed Ag1icuJtwal Land Settlement Act [Chapter20:01 J and the Agricultural Lurd Settlement Board constituted thereunder; and 243 No. 12/2017 LAND COMMISSION Cap. 20:29 (b) are specified by the Minister by notice in a Statutory Instrument; together with any liabilities or obligations attacl1ing to them, shall be transferred with effect from the date specified in the notice, in any one or more of the followi ng ways (i) to the Commission exclusively; or (ii) to the Ministry exclusively; or (iii) to the Ministry and the Commission jointly, in which event the accounting officer of the Ministry responsible for this Act shall continue to be the accounting officer in respect of those assets. (4) Any regulation, notice, circlllar or other document which, immediately before the conunencemcut of this Act, reg waled the conditions of service of any class of transferred members in tem,s of the Public Service Act [Chapter 16:04] shall continue, on and after that dale, lo regulate the conditions of service of (a) those transferred members; and (b) a11y persons who join the Commission after tl1e commencement of this Act and who are in tbe same class as those trnnsfoned mcml>cts; until the Commission replaces the regulation, notice, circular or other document concerned or otherwise alters the conditions of service concerned in tenns of this Act. (5) If on the commencement of this Act (a) there were disciplinary proceedings in terms of the Public Service Act [Chapter 16:04] pending against a person who, but for this subsection, would be a transferred member, such proceedings shall continue after the commencement of tl1is Act in all respects as if such person is a member of the Civil Service and, if the p1oceedings result in the dismissal of that person, that person shall not be transferred to the Commission; (b) any promotion or advancement was being processed in terms of the Public Service Act [Chapter l 6:04] in relation to any transferred member, such promotion or advancement shall be processed and completed after the commencement of this Act in all respects as if such transferred member is a member of the Civil Service and, if the promotion or advancement proceedings result in the promotion or advancement of that transferred member, that member shall be transfened to the Commission at the equivalent grade or post; (c) any civil proceedings were instituted and arc pending against any transferred member in his or her official capacity, such proceedings shall continue and be completed after tbe commencement of this Act in all respects as if such transferred member is a member of the Civil Service. 67 Amendment of Cap. 20:10 The Land Acquisition Act [Chapter 20: 10] is amended by the insertion in Part VI of the following section after section 39 "39A Secretary may sit as observer in Derelict Land Board The Secretary or his or her authoiised delegate may, on written notice to the Chairperson of the Derelict Land Board, sit in at any meet ing of the Board as an observer, that is to say, without participating in its deliberations (unless invited to do so by the Chairperson).". 244 Cap. 20:29 LANO COM}vllSSION No. 12/2017 continue in force, and, in the case of any ninety-nine year lease or permit, be entered iu the Register without compliance with the fonnalities for registration under Part VIII; (b) regulations made or deemed to have been made under that Act and in force immediately before the date of commencement of this Act, shall continue in force until amended, replaced or repealed in terms of this Act and shall be deemed to have been made in termc; of this Act; (c) anything done, or commenced under that Act and which, immediately before the date of commencement of this Act, had or was capable or acquiring legal effect, shall be deemed, on or after that date, to have been made, done or conunenced under the appropriate provision of this Act and shall continue to have or to be capable of acquiring, as the case may be, the same legal effect; (d) any dispute commenced or complaint lodged under that Act involving the tenns or issuance of a lease, permit or offer letter to which the Agiicultural Land Settlement Board or the Ministry was a party or of which it was au intennediary shall, if not resolved before the commencement of this Act, be refe1Ted to the Commission for settlement as a dispute or complaint in accordance with this Act. (3) Despite the repeal of the Rural Land Act [Chapter 20:18] (a) au agreement or transaction entered into or deemed to have been entered into under that Act, and in force immediately before the date of co,mnencement of this Act, shall continue in force; (b) regulations made or deemed to have been made under that Act anJ in force immediately before the date of commencement of this Act, shall continue in force until amended or repealed in terms oft his Act and shall be deemed to have been made in terms of this Act; (c) anything done or commenced under tliat Act and which, immediately before the date of commencement of this Act, had or was capable of acquiring legal effect, shall be deemed, on or after that date, to have been made, done or commenced wider the appropriate provision of this Act and shall continue to have or to be capable of acquiring, as the case may be, the same legal effect. 66 Transfer of certain employees from Ministry to Commission (I) In this section "transferred member" means a member of the staff of the Ministry or Agricultural Laud Settlement Board who has been transferred to the service of the Commission in terms of subsection (2). (2) Any person who immediately before the commencement of this Act was employed by the State as a member of the staff of the Ministry or the Agricultural Land Settlement Board and who, with the leave of the Secretary and Civil Service Conunissiou, wishes to be employed as a member of the staff of the Commission, may become so employed without any diminution in his or her previously applicable conditions of service. (3) The assets and rights of the State which (a) before the fixed date, were used or otherwise co011ected with the Ministry responsible for the repealed Agricultmal Land Settlement Act [Chapter20:01] and the Agiicultural Land Settlement Board constituted thereunder; and 243 No. 12/2017 LAND COMMISSION Cap. 20:29 (b) arc specified by the Minister by notice in a Statutory Instrument; together with any liabilities or obligations attaching to them, shall be transferred with effect from the date specified in the notice, in any one or more of the following ways (i) to the Commission exclusively; or (ii) to the Ministry exclusively; or (iii) to the Ministry and the Co1mnission jointly, in which event the accounting officer of tJ1e Ministry responsible for this Act shall continue to be the accounting officer in respect of those assets. (4) Any regulation, notice, circular or other document wl1ich, immediately before the conunencement of this Act, regulated the conditions of service of any class of transfe1Ted members in tenns of the Public Service Act rcJiapter 16:04] shall continue, on and after that date, to regulate the conditions of service of (a) those transferred members; and (b) any persons who join the Commission after the commencement of this Act and who are in the same class as those transferred members; m1til tJ1e Commission replaces tlie regulation, noti.ce, circular or other document concemed or 0~1erwise alters the conditions of service concerned iL1 tenus of this Act. (5) If on the commencement of this Act (a) there were disciplinary proceedings in temlS of the Public Service Act [Chapter 16:04] pending against a person who, but for this subsection, would be a transfcned member, such proceedings shall continue after the conm1encement of llus Act in all respects ac, if such person is a member of the Civil Se,vice and, if tJ1e proceedings result in the dis1nissal of that person, that person shall not be transferred to the Commission; (b) any promotion or advancement was being processed in terms oftl1e Public Service Act rchapler 16:04] in relation to any transfe1Ted member, such promotion or advancement shall be processed and completed after the commencement of this Act iu all respects as if such transferred member is a member of the Civil Service and, if the promotion or advancemeut proceedings result iu the promotion or advaucemeut of that transfened member, that member shall be transfe1red to the Commission at the equivalent grade or post; (c) any civil proceediugs were instituted and are pending against any transferred member in his or her official capacity, such proceedings shall continue and be completed after the commencement of this Act in all respects as if such trausfe1Ted member is a member of tbe Civil Service. 67 Amendment of Cap. 20:10 The Land Acquisition Act [Chapter 20:10] is amended by the insertion in Part VI of the following section after section 39 "39A Secretary may sit as observer in Derelict Land Board The Secretary or his or her authorised delegate may, ou written notice to the Chairperson of the Derelict Land Board, sit in at any meet ing of the Board as an observer, that is to say, without participating in its deliberations (uuJess invited to do so by the Chairperson).". 244 Cap. 20:29 L\ND CoMM1ss10N FIRST SCHEDULE (Section 3(2)) PROVISIONS R£LAT£NG TO COMMISSION ChaiqJerson and deputy chairperson of Commission No. 12/2017 1. ( 1) The chairperson and deputy chairperson of the Commission shall hold office as such for so long as they remain members, unless t11ey earlier resign their offices. (2) The deputy chairperson of the Commission shall perform the chairperson's functions whenever the chairperson is unable to perforn1 them or the office of chairperson is vacant. Terms of office and conditions of service of members 2. ( 1) Subject to the Constitution, a member shall, subject to this Part, hold office for such period, not exceeding five years, as the President may fix on his or her appointment. (2) A member shall hold office on such conditions as the President may in his or lier case fix . (3) A retiring member shall be eligible for re-appointment for one more consecutive tem1. Disqualification for appointment as member 3. (1) lo this paragraph "statuloly body" means (a) any commission established by the Constitution; or (b) any body corporate established directly by or under au Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister or any statutory body or by a commission established by the Constitution. (2) The President shall uot appoiut a person as a member and no person shall be qualified to hold office as a member who (a) has in te1ms of a law in force in any country (i) been adjudged or otherwise declared insolveul or bankrupt and bas not been rehabilitated or discharged; or (ii) made an assignment lo or arrangement or composition with bis or her creditors which has uot been rescinded or set aside; or (b) has within the period of five years immediately preceding the date of bis or her proposed appointment, been convicted (i) within Zimbabwe of a criminal offence; or (ii) outside Zimbabwe of an offence by whatever name called which, if committed within Zimbabwe, would have been a criminal offence; and sentenced by a court to imprisonment for a tem1 of six months or more, without the option of a fine, whether or not such senteuce has been suspended, and has not received a free pardon. (3) Any person who is (a) a Senator or member of the National Assembly; or (b) a member of two or more statutory bodies; or 245 No. l2/2017 LA1''D COMMISSION Cap. 20:29 (c) in the full -time employment of the State or the Commission; shall not be qualified to be appointed or to hold office as a member. Vacation of office by member 4. A member shall vacate his or her office and his or her office shall become vacant (a) one month after the date he or she gives notice in writing to the President through the Minister of his or her intention to resign h.is or her office or after the expiry of such shorter period as he or she and the President may agree; or (b) tbi1ty days after the date he or she is sentenced by a couit lo imprisonment referred to in paragraph 3(2)(b) after conviction of an offence referred to in that paragraph: Provided that, if during the said period of thi1ty clays an application for a free pardon is made or an appeal is tiled, the question whether the member is to vacate his or her office sliall not be determined until the final disposal of such application or appeal, whereupon the member shall forthwith vacate his or her office and his or heroflice shall become vacant uuless he or she is granted a free pardon, b.is or her conviction is set aside, h.is or her sentence is reduced to a tenn of imprisonment of less than six months or a punishment other than imprisonment is substituted; or (c) if be or she becomes disqualified in terms of paragraph 3(2) (a) or in tenns of subparagraph (3) of that paragraph to hold office as a member; or ( d) ifhe or she is required in tem1S of section 320 of the Constitution or paragraph 3 of this Schedule to vacate his or her office. President may suspend member 5. (1) The President may, pending the determination of the question of a member's continuance iu office by a tribunal referred to in section 187 of the Constitution, suspend a member from his or her office if the President is satisfied that the member (a) bas been guilty of improper conduct as a member; or (b) has failed to comply with the conditions of his or her office fixed by the President in terms of paragraph 2(2); or (c) was absent without the permission of the Commission from three consecutive meetings of the Commission o r of any committee of the Commission of which he or she is a member aud of which he or she has had notice; or (d) is mentally or physically incapable of efficiently performing his or her duties as a member. (2) The President may suspend from office a member against whom crimi11al proceedings are instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed and, whilst that member is so suspended, he or she shall not carry out any duties or be entitled t<:> any remuneration as a member. 246 Cap. 20:29 LANO Co~uss10N No. 12/2017 Filling of vacancies 6. On the death of, or vacation of office by, a member the Prcsideut may appoint a person to fill the vacancy until the expiry of the period <luting which the member would, but for his or her deatJ1 or the vacation of bis or ber office, have continued in office. Meefings and decisions of Commission 7. (1) The Commission shall meet for tbe dispatch of business and adjourn, close and otherwise regulate its meetings and proceedings as it thinks fit. (2) The chairperson of the Commission may himself or herself at any time, and shall at the request in writing of not less than two members, convene a special meeting of the Commission, which meeting in the latter case shall be convened for a date uot less tJ1an seven days or more than thirty days after tbe receipt of such request. (3) The chairperson or, in bis or her absence, the deputy chairperson shall preside at all meetings of the Commission at which he or she is present. (4) If neither the chairperson nor the deputy chairperson of the Commission are present at any meeting of the Commission, the membe1s present shall elect one of their number to preside as chairperson at that meeting. (5) l Ialf tJ1e members shall form a quorum at any meeting or the Commission. (6) All acts, matters or things authorised or required lo be done by the Commission may be decided by a majority vote at a meeting of the Commission at which a quorum is preseut. (7) Al all meetings of the Commission each member present shall have one vote on a question before the Comrnissiou and, in the event of an equality of votes, the chairperson shall bave a casting vote in addition to a deliberative vote. (8) Any proposal circulated among all members and agreed to in w1iting by a majority of all members shall be of tJ1c same effect as a resolution passed at a duly constituted meeting of tbe Commission and shall be incorporated in the minutes of the next succeeding meeting of the Commission: Provided that, if a member requires that such a proposal be placed before a meeting of the Commission, t.l1is subsection shall not apply to sucb proposal. Electronic meerinis of Commission 8. (1) In addition to meetings with rnembers physically present, the Commission may hold or continue a meeting by the use of any means of communication by which all the members at the meeting can hear and be heard at the same time (hereinafter referred to as an "electronic meeting"). (2) A member who pa11icipates in an electronic meeting is taken for al.I purposes to have been present at the meeting. (3) The Commission may establish procedures for electronic meetings (including recording the minutes of such meetiugs). 247 No. 12/2017 LAND COMl\1ISS!ON Cap. 20:29 Commitfees of Commission 9. (I) For the better exercise of its fuuctions the Commission may establish one or more committees in which it may vest such of its functions as it thinks fit: Provided that the vesting of any such functions in a committee shall not divest the Commission of the functions, and the Conuuissiou may amend or rescind any decision of the committee in the exercise of its functions. (2) The chairperson of the Commission or of a committee may at any time and at any place conveue a meeting of that committee. (3) The procedure of any committee shall be fixed by the Commission. (4) On the establishment of a committee iu terms of s ubpamgrnph (I) the Commission (a) shall appoint to that committee at least one member of the Commission who shall be the chairperson of that committee; (b) may appoint to that committee persons who are not members of the Commission. Minutes of proceedings of Commission and commiltees IO. (1) The Commission shall cause minutes of all proceedings of anti decisions taken at eve1y meeting of the Conuuission or of a committee or the Commission to be entered i11 books kept for the purpose. (2) Any minutes referred to in subparagraph (1) which purport to be signed by the chairperson of the meeting to which the minutes relate or by the chairperson of tJ1e next following meeti11g 01· the Commission or the committee concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings of and decisions taken at the meeting concerned. (3) The Commission shall cause copies of all minutes that have been signed as provided in subparagraph (2) to be sent without delay to the Minister for his or her infonnation. Members of Commission and committees to disclose certain connections and interests 11. (I) In this paragraph "relative", in relation to a member of the Commission or a committee, means the member's spouse, c!Jild, parent, brother or sister. (2) Subject to subparagraph (4) (a) if a member of the Commission or of a commit1ee (i) knowingly acquires or holds a direct or indirect pecuniary interest in any matter that is under consideration by the Commission or the committee; or (ii) owns any propc1ty or has a right in prope1ty or a direct or indirect pecuniary interest in a company or association of persons which results in the member's private interests coming or appearing to come into conflict with his or her functions as a member; or (iii) knows or has reason to believe that a relative of his or hers 248 Cap. 20:29 or LANO COMMISSION No. 12/2017 A. has acquired or holds a direct or indirect pecuniary interest in any matter that is under consideration by the Commission or the committee; or B. owns any property or has a right in property or a direct or indirect pecuniary interest in a company or association of persons which results in the member's private interests coming or appearing to come into conflict with his or her functions as a member; (b) if for any reason the private interests of a member of the Commission or of a conunittee come into conflict with his or functions as a member; the member shall forthwith disclose the fact to tile Commission or to the committee, as the case may be. (3) A member refeLTed to in subparagraph (2) shall take no pa1t in the consideration or discussion of, or vote on, any question before the Commission or the committee, as the case may be, which relates to any contract, right, immovable property or interest referred to iu that s ubparagraph. (4) Any person who contravenes subparagraph (2) or (3) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a pe1iod not exceeding tlu·ee months or to both such fiue and such imprisonment. Validity of decisions and acts of Commission 12. No decision or act of the Commission or act done under the authority of the Commission shall be invalid by reason solely bccause (a) the Commission consisted of less than the minimum number of members for which provision is made in section 296 of the Constitution; or (b) a person disqualified in terms of paragraph3 acted as a member of the Commission at the lime the decision was taken or the act was done or authorised. SECOND SCHEDULE (Section 3(3)) ANCILLARY PowERS or Co:viMJss10N 1. To acquire premises necessary or convenient for the exercise of its func tions and for that purpose to buy, take on lease or in exchange, hire or otherwise acquire irnmov able property and any interest therein and any rights, concessions, giants, powers and privileges in respect thereof. 2. To buy, take in exchange, hire or otherwise acquire movable property necessary or convenient for the exercise of its functions. 3. To maintain, alter or improve property acquired by it. 4. To mortgage any assets, or pa1t of any assets and, with the approval of the Minister, to sell, exchange, lease, dispose or tum to accouul or otherwise deal with any assets or part of any assets which are not required for the exercise of its functions for such consideration as it may delemune. 5. To open bank accounts in the name of the Commission a11d to draw, make, accept, endorse, ctiscounl, execute and issue for the purposes of 249 No. 12/2017 LAND COMMISSION Cap. 20:29 its functions promissory notes, bills of exchange, secu1ities and other negotiahle or transferable instruments. 6. To insure against losses, damages, risks and liabilities which it may incur. 7. With the approval of Minister, to establish and administer such funds and reserves not specifically provided for in this Act as the Comm.is sion considers appropriate or necessary for the proper exercise of its functions. 8. To pay such remuneration aud allowances and grant such leave of absence and to make such gifts, bonuses and the like to members of the staff of the Commission as it considers fit. 9. To provide pecuniary benefits for members of the Commission on their retirement, resignation, discharge or other te11ni11ation of service or in the event of their sickness or injury and for their dcpendauts, aud for !hat purpose to eflect policies of insurance, provident ftmds or make such other provision as may be necessary to secure for its members and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate. I 0. To purchase, take on lease or in exchange or otherwise acquire land for residential purposes or dwelling-houses for use or occupation by members of the staff of the Commission. 11 . To constmct dwelliJ1gs, outbuildings or improvements for use or oc cupation by members of the staff of tile Commission. 12. To provide security in respect of loans by the deposit of securities, in wbich the Commission may invest such money as it may consider necessary for the purpose. 13. Subject to any conditions that may be imposed by the Commission from lime to time, to provide loans to any members of the staff of the Commission (a) for the purpose of purchasing vehicles, tools or other equipment to be used by the members in carrying out their duties; or (b) not exceeding six months' salary or wages payable to the members concemed, for any pmpose aud on sucb security as the Commission thinks adequate. 14. To do auything for the purpose of improving the skill, knowledge or usefuJness of members of the staff of the Commission, and iu that conuection to provide or assist other persons in providing faei Ii ties for training, education and research, including tbe awarding of scholarships for such training. 15. To provide sucb services as the Commission considers approp1iate and to charge for such services such fees as the Commission, may from time to time detennine. 16. To engage in any activity, either alone or in co,tjuuction with other organisations or international agencies, to promote better understanding of land tenure issues. 17. Generally to do all such things tbat are conducive to the performance of the functions of the Conunission in terms of tl1is Act or any other enactment. 250 Cap. 20:29 LAND COMMISSION No. 12/2017 T HIRD SCHEDULE (Section 20(a)) MATTERS IN REGARD TO WHICH M!NTSTER SHALL GtVt C ONSlDERAf'ION (SECTIONS 17 Ai\lD 18) l. The size of the land units proposed in any development in relation to the nature of the development contemplated and the facilities proposed to be provided for its occupation and development. 2. The suitability of the land for the type of development proposed in relation to existing development in adjacent areas and having regard to the area, position, soil, aspect and climatic conditions. 3. The pattern of development in the area and the amenities available to the community likely to arise therefrom. 4. The conditions proposed to be attached to the sale or lease of any land. 5. The availability of access roads, existing or proposed to be provided, the permanent water supplies existing or proposed to be provided, and any other improvements such as buildings, cattle dipping facilities, in-igation works or fencing, whether in existence or proposed to be provided. 6. Any other matter which may be prescribed by regulation under section 21. FOURTH SCHEDULE (Section 29(1)) PROVISIONS APPLICABLE TO LEASES WITH OPTION TO P URCIIASE Interpretation in Fourth Schedule J. In this Schedule "Compensation Fund" means the Fund that was established under section 18 of the Public Finance Management Act [Chapter 22 :19] (No. ll of 2009) forthe payment of compensation for land or improvements on land compulsorily acquired by the Ministry on behalf of the State; "leasehold" means a leasehold to which this Schedule applies, that is, land subject to a lease with a purchase option that was concluded before the conunencement of this Act. Grant of title 2. (1) Where a lease contains an option to purchase a11d such option has accrued and has been exercised, the lessee shall be entitled to a grant of title in respect of his or her leasehold, if (a) the whole of the purchase price in respect of the leasehold has been paid or has been guaranteed to the satisfaction of the Minister; and (b) all rates and taxes due in respect of the leasehold to a rural district council have been paid; and (c) the lessee has complied in all respects with this Act as applicable to him or her and with the terms and conditions of his or her lease; and (d) in relation to a lease that corrunenced on or before the 30th September, 1975, in the case of an individual, the lessee is a citizen of Zimbabwe or, in the case of a company, the majority of the directors thereof are citizens of Zimbabwe; and 251 No. 12/2017 LAND COMMISSION Cap. 20:29 (e) in relation to a lease that commenced on or after the 1st October, 1975, iu the case of an individual, the Jessee is a citizen of Zimbabwe or, in the case of a company, the controlling interest therein is held by a person who is or by persons who arc, citizens of Zimbabwe. (2) The President may in special circumstances approve the grant ortitle to a lessee in respect of his or her leasehold notwithstanding the fact that subparagraph (l)(c) ha<; not been complied wit11; or (a) (b) an option to purchase has not yet accrued to the lessee; or (c) in the case of a company, the majority of the directors thereof are not citizens, or the controlling interest therein is uot held by a person who is or by persons who are, citizens of Zimbab,ve. (3) A grant of title referred to in subparagraph (1) or (2) shall be subject to (a) the payment by the lessee of any title registration fee and land grant stamp duty; (b) any servitudes which are registrable against the leasehold; (c) the registration or noting against tbe title of a debt which in terms of any law must be so registered or noted; (d) the right in terms of this Act oftbc President to retake the land or any portion thereof; (e) any special conditions upon which the leasehold was leased. (4) Until the graut of title the Jessee shall, notwithstanding that all moneys due from him or her to the State have been paid, continue in possession of the leasehold under the tenns and conditions of bis or her lease, including those under which the lease may be tenninated or cancelled, and subject to this Act. (5) For the purposes of tbis paragraph, no person or persons shall be regarded as having controlling interest i.n a company unless such person has or such persons have the power to carry resolutions binding the company in all its affairs, by reason of leasehold shares in the company, and the power to appoint and dismiss the majo1ity of its di.rectors. Insolvency of lessee 3. (1) If the estate of a lessee is sequestrated or assigned under tbe laws relating to insolvency, the trustee or assignee, as the case may be, of his or her estate may cede the lease to a person approved by the Minister in writing and upon such tenns and conditions as may be imposed by the Minister. (2) If the trustee or assignee, as the case may be, fails within six montbs, or such longer period as the Minister may in writing approve, after the date of his or her appointment to cede the lease, the lease shall tennioate. (3) If a lessee which is a company is wound up, U1e provisions of this paragraph relating to a tmstee or assignee shall apply to the liquidator of such company. 252 Cap. 20:29 LAND CoMMJss10N No. 12/2017 Death or insanity of lessee 4. ( l) ff a lessee dies or is detained as a mentally disordered or defective person under the laws relating to mental disorders or is, by order of a competent court, declared incapable of managing his or her own affairs, the legal representative of the lessee, including any person empowered by law to administer or to give directions as to the administration of his or her estate, may, subject to this paragraph, cede U1e lease to a person approved by the Minister or continue the lease on behalf of the estate upon such terms and conditions as may be imposed by the lvfinister. (2) Until the lease is ceded or during the period the legal representative continues the lease on behalf or the estate, as the case may be, the provisions of this Act applicable thereto and the conditions of the lease shall be fulfilled by the legal representative of the estate or on his or her behalf by a person nominated by him or her and approved in writiug by the Minister. (3) lf the legal representative of the estate (a) gives not less than tlu·ee months' notice to the Minister of bis or her intention to terminate the lease; or (b) fails wiiliin twelve mouths, or such longer period as the Minister may approve, of the date of the death of the lessee or of the date of the issue of tbe order of court directing that the lessee be detained as a mentally disordered or defective person or of the date of issue of the order of court declaring the lessee iucapable of managing his or her own affairs, to notify the tvfinister in writing that he or she intends to cede or to continue the lease; or (c) having notified the Minister of his or her intention to cede the lease, fails to cede it within such period as may be fixed by the Minister; the lease shall terminate. Termination or cancellation of lease 5. (l) A lessee may terminate his or her lease by giving not less thau three months' written notice of his or her intention to do so. (2) If a lessee fails to comply with any term or condition of his or her lease, the Minister may cancel the lease. Rights and duties on termination or cancellation of lease 6. (1) Upon the termination or cancellation of a lease in terms of paragraph 3, 4 or 5, the Minister shall have the right to retake possession of and, subject to paragraph 7, occupy the leasehold with all improvement'> Uiereou. (2) The termination or cancellation of a lease in terms of paragraph 3, 4 or 5 shall not extinguish any debt due from the lessee to the State in tem1S of the lease. fmprovements 7. (I) Where the lease has been terminated or cancelled in terms of paragraph 3, 4 or 5, compensation shall be payable from the Compensation Fund to the lessee or his or her trustee, assignee or legal representative, as the case may be, for improvements effected on or to the leasehold. 253 No. 12/2017 LAND COMMISSION Cap. 20:29 (2) In lieu of the payment refen-ed to in subparagraph (1) the M'inister may permit the lessee or his or her trustee, assignee or legal representative, within three months of the termination or cancellation of his or her lease in tenns of paragraph 5, to remove any improvements effected by him or her or on his or her behalf on or to the leasehold: Provided that (i) any rent due in respect of the leasehold, any amount due to the State in respect of any improvement on the leasehold and any amount outstanding on any loan made to the lessee in respect of the leasehold or hjs or her farming operations on the leasehold by the State or the Corporation as defined in section 2 of the Ag1icultural Finance Corporation Act [Chapter 18:02] is p;iid or repaid, as tbe case may be, before such removal; (ii) such removal is effected without injury to the land. FIFTH SCHEDULE (Section 36(2)(a)) RULES RELATING TO APPEALS AND DETERMINATION OI' D1sPIJn·:s 1-1v CoMMISS!ON Cos1s 1. The costs of an appeal or dispute that is detcrmiued hy lbe Conunission shall be bome by each party to the appeal or dispute, unless the Commissiou is of the opinion that an appellant, respondent or disputant or his or her legal practitioner was being vexatious. frivolous or dilatory iu the pursuit of his or ber claim, in which eveut tbe Commission shall award costs against tb.e appellant. respondent or disputant or de bonis propriis against the representative, as the case may be. le~al representation 2. A patty lo an appeal or dispute that is to be determined by tbe Commission may be represented by a legal practitioner: Provided that the legal practitioner shall not recover any costs exceeding the amount of the costs whicb he or she would have recovered had he or she instituted the proceedings in a magistrates cot111. Penalisation of dilatory conduct 3. The Commission may order a legal practitioner representing a party to an appeal or dispute tbat is being dete1mi11ed by the Commission to pay a civil penalty not exceeding level two (tea United Stales dollars) for every day by which a sitting of the Commission has had to be postponed because of the absence at that sitting of the legal practitioner, if the legal practitioner has been gi veu due notice of the date of the sitting, a11d the Commission is of the opinion that his or her absence was due to negligence or intentionally dilatory conduct on his or her part. Condonalion of delays 4. The Commission may extend any of the times and periods set out in these rules on good cause being shown or by agreement of the patties. Rules for appeals 5. (1) When any person has given notice of an appeal he or she shall state the grounds of b.is or her appeal and set forth in w1iting all the facts 254 Cap. 20:29 LAND COtv[MJSSION No. 12/2017 which he or she considers material and relevant and the contentions in law based thereon. Suell statement shall be called the "appellant's case" and shall be lodged with tJ1e Conunissiou in duplicate within sixty days of the date on which notice of appeal is given to the Secretary and other person against whom the appeal is made ("the respondent"). (2) Should the statement of facts in theappellaut's case be admitted by the respondeut to be sufficient and coITect, the respondent shall within fou1teen days of the lodging of U1e appellant's case draw up and submit to the appellant a document embodying the admitted statement of facts, the contentions in law of the appellant and the contentions in law of the respondent. Such document shall be called an "agreed case". (3) T he appellant and the respondeut may agree to a statement of facts, each setting out his or her respective contention in law based on such racts, in the form of an agreed case. (4) The agreed case shall be transmitted to the Commission by the respondent within fourteen clays of submitting the agreed case to the appellant in terms of submle (2), and the argumeuts on appeal and the decision of U1e Commission shall be conlined to the facts admitted. (5) Should the respondent not admit the statement or facts in the appellant's case to be correct or sufficient, or should he or she not come to an agreement with the appellant on a statement of facts, the respondent shall wiU1in thirty days of the receipt of the appellant's case lodge with the appellant a statement setting out which of the allegations he or she admits as correct and which he or she denies, and shall set out all such other facts which he o r she considers relevant and material to the determination of the appeal. The respondent shall also state Ltis or her contentions in law. Such statement shall be called the "res1X)odent's case". (6) Should the appellant and the respondent not agree in regard to the statement of facts, the respondent shall transmit to the Commission the appellant's case and the respondent's case within thirty clays oft11e lodgement of the respondent's case with the appellant. (7) The Commission shall, after consultation witil the parties, notify them of a day, time aud place for the hearing of U1e appeal, such day being not less than thi1ty days after the receipt of the agreed case or of the appellant's and respondent's cases. (8) If any facts are in dispute either the appellant or the respondent may call such evidence and produce such documents at the hearing of the appeal as may be deemed material a nd relevant. (9) If neither the appellant nor anyone autho1ised to appear on his or her behalf appears before the Commission at the time and place appointed for the purpose then the Commission, upon the request of the respondent and upon proof that the prescribed notice of U1e sitting of the Commission has been given to the appellant, shall uphold the respondent's case, unless any question of law arises, in which case the Commission may, before giving its decision, call upon the respondent for argument iu support of his or her case. 255 No. 12/2017 LAND COMMISSION Cap. 20:29 Rules for disputes 6. (I) The Commission shall appoint a legally qualified memberof the staff of the Commission or (unless the State or the Secretary is a pa1ty lo the dispute) may avail itself of the serv ices of any legally qualified employee of the .t-.1Iiuistry or of the Ministry responsible for justice to be an intermediary between the parties to any dispute to be determined by it. (2) The inlennediary shall assist the pa11ies to the dispute to state U1e grounds upon which they base their contentions, setting forth in writing all ilie facts whicli each of them considers material and relevant and the contentions in law based thereon. The statements so prepared shall be lodged with the Commission in duplicate within sixty days of U1e date on which uotice of the dispute is given to the Commission. (2) Should the statement of facts in the disputants' statements be admitted by each of them to be sufficient and correct, the intermediary shall within fourteen days of the lodging of the disputants ' statements draw up and submit to Mch of them a document embodying the admitted statement of facts, and the contentions iu law of the disputants. Such document shall be called an '·agreed case". (3) The agreed case shall without delay be transmitted to the Commission by the intermediary, and the arguments on the dispute and the decision of the Commission shall be confined to the facts admitted. (4) Should the disputants not admit the statement of facts in each of their statements to be correct or sufficient, or should they not come to an agreement with each other on a statemeut of facts, the iutennediary s hall without delay after completing their statements lodge with each of U1em a statement setting out which of the allegations the disputants admit as correct and which they deny, and shaJI set out all such other facts .wbich the inte1mediary considers relevant and mate1ial to the determination of U1e dispute. (5) Should the disputants not agree in regard to the statement of facts, the inte1mediary shall without delay transmit to the Commission the respective s tatements of the disputants. (6) The Commission shall, after consultation wiU1 the disputants, notify them through the intermediary of a day, time and place for the beiu-ing of the dispute, such day being not less than thirty days after the receipt of U1e agreed case or of the disputants' statements. (7) If any facts are in dispute any of the disputants may call such evidence and produce such documents at the hearing of the dispute as may be deemed material and relevant. (8) If any pa1ty to a dispute or anyone authorised to appear on his or her behalf does not appear before the Commission at the time and place appointed for the purpose ilien the Commission, upou the request of the other disputant and upon proof that the prescribed notice of the sitting of the Commission has been given to the absent disputant, shall uphold the other disputant's case, unless any question of law arises, in which case the Commission may, before giving its decision, call upon the disputant who is present to present argument in support of his or her case. 256