ZWE - IA - GENERAL REQUIREMENTS
HUMAN-WILDLIFE CONFLICTS
Zimbabwe / Human-wildlife conflicts
HUMAN-WILDLIFE CONFLICTS
GENERAL REQUIREMENTS
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Section 19: Mercy killing and shooting in self-defence
19. Within the Parks and Wild Life Estate—
(a) an animal which is apparently sick may not be killed
except in terms of a hunting permit;
(b) any animal may be killed in self-defence or in defence of any other person without the possession of a hunting permit;
(c) where an animal is killed in accordance with paragraph (b)-
(i) the onus of proof- that such animal was lawfully killed shall lie upon the person who killed such animal; and
(ii) the meat or any trophy of such animal may only be used in accordance with the terms of a permit.
Section 61 (1) Notwithstanding this Act, it shall be lawful for any person to kill or injure any animal on any land in defence of himself or any other person if immediately and absolutely necessary.
(2) The burden of proving that any animal has been killed or injured in accordance with subsection (1) shall lie on the person who killed or injured such animal.
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Section 23: Powers of Minister in relation to national parks
(1) For the purpose of giving effect to the provisions section twenty-one the
Authority shall, with the concurrence of the Minister and subject to this Act, have
power— […] ( j) to authorize—(ii) the killing or capture of any animal within a national park which is—
A. injured or sick; or
B. causing damage to property; or [...]
Section 60 Minister may prohibit or restrict hunting and removal of animals in defined areas
(1) The Minister may, on the recommendation of, or after consultation with, the Authority, by notice in a statutory instrument, prohibit or restrict either indefinitely or for such period as may be specified in the notice the hunting or removal of any animal or any specimen or sex of any animal or any part thereof in or from any area or areas which are defined in the notice where it deems it necessary to do so for all or any of the following purposes—
[insertion by Act 19 of 2001 with effect from the 1st June, 2002.] [...] (b) the protection of human life and property; [...] (4) If the Authority considers it necessary or desirable to do so in the interests of the preservation, conservation, propagation or control of any wild life within Zimbabwe or any area of Zimbabwe, it may, by notice in writing served on any person, specifying such wild life, prohibit that person, either absolutely or subject to specified conditions, and either indefinitely or for a specified period, from doing any or all of the following [...] —(c) being in possession of or using any weapon ordinarily used for hunting, save for the defence of himself or any other person or for the protection of any livestock, crop or property on land owned, leased or occupied by him;(d) authorizing any other person to do anything referred to in paragraph
(a), (b) or (c); whether on alienated or unalienated land, within the area specified in the notice.
Section 77 Minister may declare protected animals or plants or cessation of hunting of animals and picking of plants, authorize reduction of animals and specify hunting periods
(1) Subject to subsection (2), the Minister may, after consultation with the Natural Resources Board and the conservation committee concerned, by notice in a statutory instrument— [...](c) authorize an environment committee, notwithstanding subsection (2) of section fifty-nine, to reduce on any alienated land within its area to such extent as may be specified in the notice any problem animal where, in his opinion, the number of such animals on the land is such as to cause excessive damage or nuisance;
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Section 63
(1) Where—(a) any animal, other than specially protected animals, is killed or any animal, other than a dangerous animal or specially protected animals, is injured by any person—
(i) in the circumstances specified in section sixty-one; or
(ii) by accident or in error whilst he is hunting and he has no authority in terms of this Act to hunt such animal; or
(b) any specially protected animal is killed or injured by any person and he has no authority in terms of this Act to hunt or kill such animal; that person shall as soon as possible and in any event within seven days make a report in person— (i) to the appropriate authority for the land on which the animal was last sighted; or
(ii) at the nearest convenient office of the Authority or police station or at the office of the local authority for the area concerned;
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23 Powers of Minister in relation to national parks
(1) For the purpose of giving effect to the provisions section twenty-one the
Authority shall, with the concurrence of the Minister and subject to this Act, have
power— ( j) to authorize—
(i) such measures as it may consider necessary or desirable for—
A. the prevention and control of human and animal, including domestic animal diseases; or [...]
60 Minister may prohibit or restrict hunting and removal of animals in defined areas
(1) The Minister may, on the recommendation of, or after consultation with, the Authority, by notice in a statutory instrument, prohibit or restrict either indefinitely or
for such period as may be specified in the notice the hunting or removal of any animal or any specimen or sex of any animal or any part thereof in or from any area or areas
which are defined in the notice where it deems it necessary to do so for all or any of the following purposes—
[insertion by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) the control of the spread of disease;
87 Use of explosives, etc., for fishing prohibited
(2) Subject to this Act, the appropriate authority for any waters may introduce any chemical into such waters for the purpose of—
(a) rendering the water fit for human or animal consumption; or
(b) preventing and controlling human and animal diseases; Section 77(1) Subject to subsection (2), the Minister may, after consultation with the Natural Resources Board and the conservation committee concerned, by notice in a statutory instrument—[…] ) authorize an environment committee, notwithstanding subsection (2) of section fifty-nine, to reduce on any alienated land within its area to such extent as may be specified in the notice any problem animal where, in his opinion, the number of such animals on the land is such as to cause excessive damage or nuisance;
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Section 77(1) [Extract]- Subject to subsection (2), the Minister may, after consultation with the Natural
Resources Board and the conservation committee concerned, by notice in a statutory instrument—authorize an environment committee, notwithstanding subsection (2) of section fifty-nine, to reduce on any alienated land within its area to such extent as may be specified in the notice any problem animal where, in his opinion, the number of such animals on the land is such as to cause excessive damage or nuisance;
Section 77 (2) No notice referred to in paragraph (b) or (c) of subsection (1) shall be made in terms of that subsection unless prior to the making of the notice the appropriate authority for the land concerned has been notified of the proposal to make the notice and afforded a reasonable opportunity of making representation in relation thereto.
Section 80- Problem animals
(1) The animals specified in the Eighth Schedule are hereby declared to be problem animals.
(2) The Minister may, on the recommendation of, or after consultation with, the Authority, by notice in a statutory instrument, amend the Eighth Schedule by—
(a) removing the name of any animal therefrom; or
(b) adding the name of any animal thereto. EIGHTH SCHEDULE (Section 80)
PROBLEM ANIMALS
1. Baboon—Papio spp.
2. Wild or Hunting Dog—Lycaon pictus
3. Spotted Hyena—Crocuta crocuta
4. Black-backed Jackal—Canis mesomelas
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Section 17 (extract)- The State must promote full gender balance in Zimbabwean society, and in particular--
a. the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;
b. the State must take all measures, including legislative measures, needed to ensure that--[...] c. the State and all institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men. Section 56 (extract)- The State must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination,
Section 80 (extract)- Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities [...]
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ELEVENTH SCHEDULE (Section 4 (5)
ANCILLARY POWERS OF AUTHORITY 6 To insure against losses, damages, risks and liabilities which it may incur