Rhodes Estates Act
- Commenced on 2 April 1978
- [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 Rhodes Estates Act [Chapter 20:17].
2. InterpretationIn this Act—“Estates” means the Nyanga Estates and the Matopos Estates;“Funds” means the Nyanga Fund and the Matopos Fund;“Nyanga Estates” means the properties specified in Part I of the First Schedule;“Nyanga Fund” means the Inyanga Fund referred to in clause 9 of the Will;“Matopos Estates” means the properties specified in Part II of the First Schedule;“Matopos Fund” means the Matopos and Bulawayo Fund referred to in clause 8 of the Will;“Minister” means the Minister of Lands and Water or any other Minister to whom the President may, from time to time, assign the administration of this Act;“park area” means a national park, botanical reserve, botanical garden, sanctuary or recreational park in terms of the Parks Act;“Parks Act” means the Parks and Wild Life Act [Chapter 20:14];“Parks Board” means the Parks and Wild Life Board established in terms of section 3 of the Parks Act;“Rhodes Nyanga Committee” means the Rhodes Nyanga Committee established in terms of the Parks Act;“Rhodes Matopos Committee” means the Rhodes Matopos Committee established in terms of the Parks Act;“Trustee” means the President in his capacity as trustee of the Estates;“Will” means the Will of the late Right Honourable Cecil John Rhodes, a portion of which is set out in the Second Schedule.
Part II – Rhodes Estates
3. Description of Estates
4. Duties of Trustee
5. General powers of Trustee in relation to Estates
6. Trustee may consent to portion of Estates being constituted park areaThe Trustee may, if he considers that it will be in the interests of the Estates and of the people of Zimbabwe, consent to any part of the Estates being constituted a park area in terms of the Parks Act, and such park area shall thereafter be administered and managed in accordance with the Parks Act.
7. Trustee may grant servitudesSubject to section four, the Trustee may grant such servitudes in respect of any portion of the Estates as he considers to be necessary in the circumstances.
Part III – Nyanga and Matopos Funds[Please note: numbering as in original]
8. Holding of FundsThe Nyanga Fund and the Matopos Fund shall vest in the President who shall administer them in accordance with the provisions of the Will and of this Act.
9. Payments into FundsThere shall be paid into—
10. State to make payment to TrusteeThe State shall pay to the Trustee twenty per centum of the purchase price of any land sold by the State which was transferred to the State in terms of section 3 of the repealed Nyanga Township Act [Chapter 143] or any lump sum payment agreed by the Trustee as being in full and final settlement of the amount payable by the State in respect of such land.
11. Special investments
12. Application of FundsNotwithstanding anything to the contrary contained in the Will, the Trustee may, subject to this Act, in addition to using the Funds in the manner set out in the Will, use moneys—
13. Investment and expenditure in respect of Funds
Part III – General
14. Trustee may delegate and assign powers and duties
15. Trustee released from certain obligationsThe Trustee is released from the obligations and trusts of clause 8 of the Will in so far as they relate to—
16. Prohibition of burialNotwithstanding anything to the contrary contained in clause 6 of the Will, it shall not be lawful to bury any person on the hill known as “The View of the World” referred to in clause 3 of the Will or within a radius of two kilometres of the grave of the late Right Honourable Cecil John Rhodes.
17. Subleasing of Estates subject to approval of TrusteeNotwithstanding anything to the contrary in the Forest Act [Chapter 19:05] or any other law, a lessee of any portion of the Estates shall not sublet or permit the subletting of any such land leased by him or portion thereof without the approval of the Trustee.
18. Validation of previous dispositions of land or rights thereinNo—
History of this document
02 April 1978