- Commenced on 1 February 1977
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Fencing Act [Chapter 20:06].
3. Application of ActNothing in this Act shall be construed as affecting any agreement in writing concerning matters dealt with by this Act.
Part II – Fencing courts
4. Fencing courtsFor the purposes of this Act, each magistrates court shall be a fencing court for the province in which it is situated.
5. Fencing courts to be courts of record
6. Proceedings to be in publicThe proceedings of a fencing court shall be conducted in public.
7. Representation of partiesAt a hearing before a fencing court a party may appear—
8. AdjournmentsA fencing court may adjourn its proceedings for periods not exceeding twenty-one days at a time.
9. Summoning of witnesses and privileges thereof
10. Witnesses failing to attend or refusing to be sworn or to give evidence
11. Witnesses giving false evidenceA witness who, after having been duly sworn, makes a false statement of fact material to any question under investigation before a fencing court, knowing that statement 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 seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection as amended by section 4 of Act No. 22 of 2001]
12. Contempt of fencing courtsIf any person wilfully—
14. Appeals from decisions of fencing courts
Part III – Construction and repair of dividing fences
15. Proportions in which adjoining owners to contribute to cost of dividing fences
16. Owners wishing adjoining owners to contribute to cost of dividing fences may serve contribution notices
17. Service of contribution summonsesSubject to this Part, a contribution summons shall be served on the respondent owner in the same manner as a subpoena for the attendance of a witness at a civil trial in a magistrates court is served.
18. Inquiries to be held into applications for contribution orders
19. Making of contribution orders
20. Matters to be considered by fencing courtsA fencing court shall, in making a contribution order, have regard to—
21. Persons on whom contribution orders to be servedThe clerk of court shall serve a copy of a contribution order on the creditor owner and the debtor owner.
22. Debtor owners may apply for amendment or revocation of contribution orders
23. Certificates of compliance with contribution orders
24. Failure to comply with contribution orders or directions penalizedA person who—
25. Manner in which creditor owners may recover unpaid balances of contributions
26. Lines of dividing fences
27. Obligation of adjoining owners on damage to or destruction of dividing fences
Part IV – Offences relating to fences
28. Interpretation in Part IVIn this Part—“damage” includes any interference with a fence which is likely to reduce the usefulness of the fence to the owner thereof.
29. Wilful damage to or destruction or removal of fencesAny person who, without reasonable excuse, the of proof whereof lies on him, wilfully damages, destroys or removes the whole or any part of a fence 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.[subsection as amended by section 4 of Act No. 22 of 2001]
30. Breach of duty by persons damaging or destroying fencesAny person, other than the owner or occupier concerned, who, having damaged, destroyed or removed the whole or any part of a fence, fails forthwith—
31. Persons failing to shut or fasten gates
32. Unauthorized climbing over or crawling through or under fencesAny person who, without reasonable excuse or the permission of the owner or occupier of the piece of land on or directly adjacent to which that fence is situated or of a person authorized to give permission on behalf of that owner or occupier, the onus of proof whereof lies on him, climbs over or crawls through or under that fence shall be guilty of an offence and liable to a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment.[section as amended by Act No. 22 of 2001]
33. Powers of owners or occupiers of land or of authorized persons
Part V – General
34. Powers of persons constructing or repairing dividing fences
35. Regulatory powers of Minister
History of this document
01 February 1977