Land Acquisition Act
- Commenced on 8 May 1992
- [This is the version of this document at 26 February 2018.]
- [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 Land Acquisition Act [Chapter 20:10].
2. InterpretationIn this Act—“acquiring authority” means—(a)the President, or any Minister duly authorised by the President, acting in terms of subsection (1) or (2) of section three; or(b)the President or any person acting in terms of section four; or(c)the person empowered or required by any enactment to acquire land, take materials from land or pay compensation therefor, where the enactment applies any provision of this Act to such acquisition, taking of materials or payment of compensation; or(d)in relation to anything required or permitted to be done by an acquiring authority in terms of this Act or an enactment referred to in paragraph (c), including the capacity to institute proceedings in terms of this Act and to sue and be sued either in his own official capacity or in the name of the acquiring authority, any person duly authorised by the acquiring authority for that purpose;[definition substituted by section 2 of Act 14 of 2001]“agricultural land required for resettlement purposes” [definition inserted by section 2 of Act 15 of 2000 and repealed by Act 8 of 2006]“agricultural purposes” includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish;“Chief Land Officer” means the Chief Land Officer referred to in section forty;“Compensation Committee” means the Compensation Committee established by section twenty-nine A;[definition amended by section 2 of Act 15 of 2000]“Derelict Land Board” means the Derelict Land Board established by section thirty;“designated rural land” [definition repealed by section 2 of Act 15 of 2000]“designated valuation officer” means a person who is designated as a valuation officer in terms of subsection (1) of section forty-eight;[definition inserted by section 2 of Act 15 of 2000]“fair compensation”, in relation to the acquisition of specially Gazetted land, means compensation fixed by the Compensation Committee in accordance with the provisions of section twenty-nine C;[definition substituted by section 2 of Act 15 of 2000 and amended by Act 8 of 2006]“improvements”, in relation to specially Gazetted land, means any of the improvements prescribed in Part I of the Schedule;[definition inserted by section 2 of Act 15 of 2000 and amended by Act 8 of 2006]“land” includes—(a)anything permanently attached to or growing on land; and(b)any interest or right in land;“member” means a member of the Derelict Land Board, including the chairman, appointed in terms of section thirty;“Minister” means the Minister of Special Affairs in the President's Office responsible for Lands, Land Reform and Resettlement or any other Minister to whom the President may, from time to time, assign the administration of this Act;“piece of land” means a piece of land registered as a separate entity in a Deeds Registry, and includes anything permanently attached to or growing on such land and any interest or right in such land;“preliminary notice” means a notice referred to in subsection (1) of section five;Provided that in the case of specially Gazetted land, the notice identifying that land shall be deemed to be a preliminary notice for the purposes of sections 5(3), (5), (6), (7) and (8);[proviso inserted by section 7 of Act 8 of 2006]“rural land” means any land other than land which is—(a)Communal Land; or(b)in a municipal area, town area or local government area;(c)in a town ward of a rural district council or an area declared to be a specified area in terms of the Rural District Councils Act [Chapter 29:13]; or(d)in the area of any township as defined in the Land Survey Act [Chapter 20:12]; or(e)State land the layout of which has been approved in terms of section 43 of the Regional, Town and Country Planning Act [Chapter 29:12]; or(f)State land specified in the Third Schedule to the Agricultural and Rural Development Authority Act [Chapter 18:01];“specially Gazetted land” means agricultural land referred to in section 16B(1)(a)(i)(ii) or (iii) of the Constitution, and the term “specially Gazetted shall be construed accordingly;[definition inserted by section 7 of Act 8 of 2006]“structure” includes any wall, fence, dam, earthwork, well, borehole or other permanent improvement on or to land.
Part II – Acquistion of land
3. Acquisition of land by President
4. Acquisition by resumption of ownership in certain casesNothing in this Act shall preclude the President or any other person from resuming ownership of any land in accordance with any condition contained in a title deed to the land.
Part III – Procedure for compulsory acquisition of land
5. Preliminary notice of compulsory acquisition
6. Owner may demand acquisition of whole property
6A. ***[section repealed by section 3(1) of Act 1 of 2004]
6B. ***[section repealed by section 3(1) of Act 1 of 2004]
7. Application for authorizing or confirming order where acquisition contested
8. Vesting of land, taking of materials and exercise of rights over land
9. Eviction of owner or occupier
10. Registration of land acquired
10A. Revocation of order acquiring land
11. Investigation of land to be acquired
12. ***[repealed by section 9 of Act 15 of 2000]
13. ***[repealed by section 9 of Act 15 of 2000]
14. ***[repealed by section 9 of Act 15 of 2000]
15. ***[repealed by section 9 of Act 15 of 2000][Whole Part – consisting of sections 12 to 15 – repealed by section 9 of Act 15 of 2000]
Part V – Claims for and assessment and payment of compensation
16. Duty to pay compensationSubject to this Part and Part VA, an acquiring authority shall pay fair compensation within a reasonable time-
17. ***[section repealed by section 11 of Act 15 of 2000]
18. ***[section repealed by section 11 of Act 15 of 2000]
19. ***[section repealed by section 11 of Act 15 of 2000]
20. Assessment of compensation for land other than specially Gazetted land
21. General considerations regarding assessment of compensation
22. Claims for compensation: land other than specially Gazetted land
23. ***[section repealed by section 12 of Act 15 of 2000]
24. Reference of disputes recompensation to Administrative Court: land other than specially Gazetted land
25. Advance payment of compensation
26. Discharge of debt secured by mortgage bond over landWhere any land acquired in terms of this Act was, immediately prior to its acquisition, mortgaged or hypothecated, the acquiring authority shall not, subject to section twenty-seven, pay out any portion of the compensation payable for that land until he is satisfied that the amount of the debt secured by such mortgage or hypothec will, so far as is possible, be paid or otherwise secured.
27. Payment of certain taxes and other moneys out of compensationWhere any land is acquired in terms of this Act, the acquiring authority may, after consultation with the owner of the land or his representative, utilize a portion of the compensation payable for the land in order to pay any rate, levy, tax or other moneys on behalf of the owner of the land, where production of a receipt or certificate showing the payment of such moneys is a prerequisite for the passing of transfer of the land by the Registrar of Deeds.
28. Payment of compensation moneys to Master and retention thereof by acquiring authority in certain cases
29. Payment of interest on compensation moneysInterest shall be paid by an acquiring authority at a rate, being not less than the current rate of interest prescribed in terms of the Prescribed Rate of Interest Act [Chapter 8:09] on compensation awarded to a claimant in terms of this Part or Part VA for the period extending from the date on which the land was acquired in terms of this Act to the date the money is paid to the claimant or paid to the Master of the High Court in terms of subsection (1) of section twenty-eight.[section amended by section 15 of Act 15 of 2000]
Part VA – Compensation for specifically gazetted land[Part inserted by section 16 of Act 15 of 2000. Heading amended by section 7 of Act 8 of 2006]
29A. Compensation Committee
29B. Procedure for assessing compensation
29C. Assessment of compensation and manner and period of payment
29D. Appeals under this Part
Part VI – Derelict Land Board
30. Establishment of Derelict Land Board
31. Disqualifications for membership of Derelict Land Board
32. Terms and conditions of office of members
33. Vacation of office by members and filling of vacancies
34. Meetings and procedure of Derelict Land Board
35. Minutes of proceedings of Derelict Land Board
36. Remuneration and allowances of membersA member shall be paid—
37. Expenses of Derelict Land BoardAny expenses incurred by the Derelict Land Board in carrying out its functions in terms of this Act shall be met, on the direction of the Minister, from moneys appropriated for the purpose by Act of Parliament.
38. Validity of decisions and acts of Derelict Land BoardNo decision or act of the Derelict Land Board and no act done under the authority of the Board shall be invalid solely because, at the time the decision was taken or the act was done or authorized—
39. Powers of Derelict Land Board
39A. Secretary may sit as observer in Derelict Land BoardThe Secretary or his or her authorised delegate may, on written notice to the Chairperson of the Derelict Land Board, sit in at any meeting of the Board as an observer, that is to say, without participating in its deliberations (unless invited to do so by the Chairperson).[section inserted by Act 12 of 2017]
Part VII – Provisions relating to derelict land
40. Appointment of Chief Land Officer and other land officers
41. Reports on derelict land
42. Inquiry by Derelict Land Board and declaration of derelict land
43. Eviction of persons and registration of landSections nine and ten shall apply, mutatis mutandis, in relation to the eviction of persons from any land acquired by the President in terms of this Part and to the registration of such land.
44. Compensation not to be paid for derelict landNo compensation shall be paid in respect of any land declared to be derelict and acquired in terms of this Part.
Part VIII – Special provisions relating to Administrative Court
45. Composition of Administrative Court for purposes of this Act
Part IX – General
48. Designated valuation officers
49. References to Compensation Court in other enactments and documentsAny reference in any other enactment or deed of title, memorandum, agreement or other document to the Compensation Court shall be construed as a reference to the Administrative Court as constituted in terms of Part VIII exercising, subject to any other enactment, its jurisdiction and powers in terms of this Act.
50. Amendment of Schedule
History of this document
08 May 1992