Section 72(2) [Extract] :Where agricultural land, or any right or interest in such land, is required
for a public purpose, including—
(b) land reorganisation, forestry, environmental conservation or the utilisation
of wild life or other natural resources; the land, right or interest may be compulsorily acquired by the State by notice published
in the Gazette identifying the land, right or interest, whereupon the land, right or interest
vests in the State with full title with effect from the date of publication of the notice.

Section 2 - Interpretation
“trust land” means any land, other than Communal Land, held in trust by the President or a statutory body or by a person, whether solely or jointly with others, by virtue of his being a holder of some office in a statutory body;

Section 35 - Demarcated forest
[…]
(3) No land shall be declared to be demarcated forest unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

Section 37 - Owner of private land may apply for protection of forest
(3) The Minister after consideration of the application and objections, if any, may, if
he is satisfied that the public interest will not be prejudiced thereby, by statutory
instrument, declare that the area of private land described in such notice shall be
protected under this Act.

Section 2 - “trust land” means any land, other than Communal Land, held in trust by the
President or a statutory body or by a person, whether solely or jointly with others, by virtue of his being a holder of some office in a statutory body;

Secrion 22 - National Parks
[...] (3) No land shall be constituted as a national park or part of a national park in terms
of subsection (2) unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

Section 26 - Bothanic reserves
[...] (3) No land shall be constituted as a botanical reserve or botanical garden or as part
of a botanical reserve or botanical garden in terms of subsection (2) unless it is— [...]
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

Section 31 - Sanctuaries
[...]
(3) No land shall be constituted as a sanctuary or as part of a sanctuary in terms of subsection (2) unless it is— [...]
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

Section 36 - Safari areas
[...](3) No land shall be constituted as a safari area or as part of a safari area in terms of subsection (2) unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

Section 41 - Recreational Parks
[...] (3) No land shall be constituted as a recreational park or as part of a recreational park
in terms of subsection (2) unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

Section 9 - Permits to occupy and use Communal Land
(1) A rural district council may, with the approval of the Minister, issue a permit authorizing any person or class of persons to occupy and use, subject to the Regional, Town and Country Planning Act [Chapter 29:12] and any order issued in terms thereof, any portion of Communal Land within the area of such rural district council, where such occupation or use is for any of the following purposes—
(a) administrative purposes of the State or a local or like authority;
(b) religious or educational purposes in the interests of inhabitants of the area concerned;
(c) hospitals, clinics or other such establishments for the benefit of inhabitants of the area concerned;
(d) hotels, shops or other business premises;
(e) any other purpose whatsoever which, in the opinion of the rural district council, is in the interests of inhabitants of the area concerned;

Section 40 SPECIAL PROVISIONS RELATING TO LEASED AREAS OF THE PARKS AND WILD LIFE ESTATE
Use of leased areas
40. (1) No person shall enter a leased area without the permission of the lessee. (2) Where a leased area is contiguous to any waters, a person whose presence within the Parks and Wild Life Estate is lawful shall, at all times, be permitted free access to the foreshore and. water's edge, and shall, for the purpose of obtaining such access, be entitled to a right of way along the foreshore of such leased area: Provided that no such person shall—
(i) use the right of way conferred by this subsection in such manner as will interfere unduly with the rights of the lessee;
(ii) have right of access to a building, pier, jetty, floating platform, buoy or other structure lawfully erected by the lessee on the leased area or on the foreshore.
(3) Except with the permission of, and in accordance with, any terms and conditions imposed by the lessee, no person shall fish from a leased area.

Section 89 - Powers of Minister
(1) The Minister may make regulations providing for any matter which by this Act is required or permitted to be prescribed or which, in his opinion, is necessary or expedient to be provided for in order to carry out or give effect to this Act.
(2) Regulations in terms of subsection (1) may, in respect of undemarcated forest, provide for—
(a) the sale or disposal of trees, wood or other forest produce and the felling, working and removal thereof;
(b) the issue of licences for any activity referred to in paragraph (a) and the cancellation of such licences;
(c) the fees or charges to be paid in connection with licences issued or services or facilities provided.
[...]
(3) The Minister may, in regulations in terms of subsection (1) or by notice in writing to the Commission, fix the terms and conditions on which persons may be permitted by the Commission to occupy or lease land in a demarcated forest and the Commission shall exercise its powers in terms of this Act in accordance with such terms and conditions.

Section 37 (extract) - The Authority, with the concurrence of the Minister, may—
(a) lease sites in a safari area to such persons and for such purposes as it deems fit;
(b) grant hunting or other rights over or in a safari area to such persons as he deems fit; subject to such terms and conditions as he may impose:

Section 42 (1) (extract) Subject to subsections (2) and (3), the Minister, on the recommendation of the Authority may, by notice in a statutory instrument, designate within a recreational park any area or areas of land which may be alienated or leased for the erection of hotels, restaurants, rest camps, caravan parks, camping grounds, shops, service stations and other buildings and facilities for the accommodation, recreation, enjoyment or convenience of visitors or for such other purpose as he deems fit and may in like manner revoke such designation.

Section 9 - Permits to occupy and use Communal Land
(1) A rural district council may, with the approval of the Minister, issue a permit authorizing any person or class of persons to occupy and use, subject to the Regional, Town and Country Planning Act [Chapter 29:12] and any order issued in terms thereof, any portion of Communal Land within the area of such rural district council, where such occupation or use is for any of the following purposes—
(a) administrative purposes of the State or a local or like authority;
(b) religious or educational purposes in the interests of inhabitants of the area concerned;
(c) hospitals, clinics or other such establishments for the benefit of inhabitants of the area concerned;
(d) hotels, shops or other business premises;
(e) any other purpose whatsoever which, in the opinion of the rural district council, is in the interests of inhabitants of the area concerned;

Section 12 - Restriction on making new roads and use of certain roads
No authority shall authorize, and no provision of this Act shall be construed as authorizing—
(a) the construction of any road or track outside a natural forest or plantation without the consent of any local authority established for the area concerned; or
(b) the use of any road or track, other than a public road, for the transportation of forest produce without the consent of the person who or authority which controls the land on which the road or track is situated.

Section 13 - Restriction on exploitation near public stream
No authority shall authorize, and no provision of this Act shall be construed as authorizing, the exploitation of forest produce within one hundred metres from the bank of any public stream, unless the Minister has given written permission for such exploitation to take place.

Section 23 - Powers of Minister in relation to national parks (extract)
(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—
[...]
(c) to authorize any person—
(i) to undertake any scientific investigations within a national park; and
(ii) for the purposes of scientific investigations, to take or collect and remove any specimen of wild life, fish or plant from a national park; and
[...]
(g) to do all such things and to take all such steps as it may consider necessary or desirable, including management of the soil and plants, the construction of fireguards and the controlled reduction of wild life and fish populations, to ensure the security of the wild life, fish and plants within a national park and the maintenance of the wild life, fish and plants therein in a natural state; and
(h) to authorize the removal of any wild life, fish or plants which may be captured, killed or picked, as the case may be, as the result of any steps taken in terms of paragraph (g); and
(i) if satisfied that it will not endanger the security of the wild life, fish or plants in a national park or the maintenance of the wild life, fish or plants therein in their natural state, and that it is in the interests of management of facilities for visitors within the park—
(i) to construct air strips, roads, bridges, soil conservation works and water installations, buildings, viewing platforms, harbours and fences and to carry out such other works as it may consider necessary or desirable;
(ii) to pick plants for use within the park; and
( 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
B. the control and limitation of quelea birds and locusts; or
C. the eradication of weeds;
within a national park;
(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
C. considered to be a danger to humans;
and the disposal of such animal in such manner as it [“ he“was gazetted –Editor.] may
in any particular case approve;
and
(k) to set aside areas within a national park as development areas for—
(i) the housing of officers, employees and other persons lawfully residing in the park;
(ii) gardening, recreation and other like requirements and facilities;
(iii) the construction of offices, workshops, stables, pens, schools, clinics, churches and other buildings or installations that may be required in connection with the administration or maintenance of the park;
(iv) the construction of hotels, restaurants, rest camps, caravan parks, camping grounds, shops, service stations and other buildings and facilities for the accommodation, benefit or enjoyment of visitors; and to restrict such housing, structures, buildings, installations or facilities in the park to such development area; and
(l) to authorize officers, employees or other persons lawfully residing in a national park—
(i) to keep domestic or domesticated animals of such classes as it may authorize in a development area referred to in paragraph (k); and
(ii) to use domestic animals of such classes as he may authorize for the purpose of travel or transport within the park or for such other purposes as it may specify;
and
(m) to regulate or restrict the construction and design of any building that may be constructed within a national park; and
(n) to restrict the use of vehicles and the speed at which vehicles may travel within a national park.
(2) For the purpose of providing facilities in a park for visitors the Authority may—
(a) within a development area set aside in terms of paragraph (k) of subsection (1)—
(i) construct, maintain and operate hotels, restaurants, rest camps, caravan parks, camping grounds, shops, service stations and other buildings and facilities and let accommodation therein; and
(ii) let hotels, restaurants, shops, service stations and other buildings and facilities and control the charges which may be made by the lessee thereof;
and
(b) provide interpretative services; and
(c) do all such other things and take all such other steps as it may consider necessary or desirable to provide facilities for visitors thereto.
(3) Where the Authority considers it necessary or desirable in order to preserve the security of the plants or wild life in a national park or the maintenance in the natural state of the plants or wild life therein or to ensure the enjoyment, education and inspiration of visitors to the park or any part thereof, it may, with the concurrence of the Minister—
(a) direct that no further facilities shall be provided;
(b) restrict or limit the number of persons or vehicles or types of vehicles
which may be permitted entry at any one time and may, in by-laws, impose such
restrictions or fix such limits.
[Section substituted by Act 19 of 2001 with effect from the 1st June, 2002.]

PART XII - HUNTING, REMOVAL, VIEWING AND SALE OF ANIMALS AND ANIMAL
PRODUCTS
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.]
(a) the control of the spread of disease;
(b) the protection of human life and property;
(c) conservation or management of animal populations;
(d) administrative purposes.

PART XIV - FISH CONSERVATION
Section 84 - Controlled fishing waters and powers of Minister in relation thereto
[...]
(2) For the purposes of fish conservation within any controlled fishing waters the Minister may—
(a) make regulations in terms of section one hundred and twenty-nine
regulating, controlling, restricting or prohibiting fishing in such waters;
[...]

Section 7 - Restriction on right to occupy or use Communal Land
(1) Subject to sections ten and eleven, no person shall occupy or use any portion of Communal Land—
(a) except in the exercise of any previously acquired right subsisting on the 1st February, 1983, or
(b) except in accordance with the terms and conditions of any right, consent or permit granted or issued, as the case may be, in terms of this Act or any other enactment; or
(c) unless he or she is a spouse, dependent relative, guest or employee of a person who occupies or uses Communal Land in terms of paragraph (a) or (b).
[...]

Section 3 - Extent of Communal Land
Communal Land shall consist of land which, immediately before the 1st February,
1983, was Tribal Trust Land in terms of the Tribal Trust Land Act, 1979 (No.6 of
1979), subject to any additions thereto or subtractions therefrom made in terms of
section six.

Section 6 - Additions to and subtractions from Communal Land
(1) Subject to this Act, the Forest Act [Chapter 19:05] and the Parks and Wild Life Act [Chapter 20:14], the President may, by statutory instrument—
(a) declare that any State Land shall form part of Communal Land;
(b) after consultation with any rural district council established for the area concerned, declare that any land within Communal Land shall cease to form part of Communal land

Section 17 (1) (a) (exact) the State must promote the full participation of women in all spheres of Zimbabwean
society 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 [...]

Preamble (b) (exact) the democratic participation in government by all citizens and communities of Zimbabwe.
Premable (c) (exact) the equitable allocation of national resources and the participation of local communities in the determination of the development priorities within their areas; Section 13 (2) (exact) Measures referred to in this section must involve the people in the formulation and implementation of development plans and programmes that affect them. Section 264 (2) (a) (exact) to give powers of local governance to the people and enhance their participation in the exercise of the powers of the State and in making decisions affecting them;

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 20 (1)(extract) The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years— (b) have opportunities to associate and to be represented and participate in political, social, economic and other spheres of life; Section 21 (1) (extract) The State and all institutions and agencies of government at every level must take reasonable measures, including legislative measures, to secure respect, support and protection for elderly persons and to enable them to participate in the life of their communities. 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 [...]

3 Founding values and principles
(2) The principles of good governance, which bind the State and all institutions and agencies of government at every level, include—(h) the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions;

72 Rights to agricultural land
(1) In this section—
“agricultural land” means land used or suitable for agriculture, that is to say for horticulture, viticulture, forestry or aquaculture or for any purpose of husbandry, including—
(a) the keeping or breeding of livestock, game, poultry, animals or bees; or
(b) the grazing of livestock or game;
but does not include Communal Land or land within the boundaries of an urban local authority or within a township established under a law relating to town and country planning or as defined in a law relating to land survey;

162 Judicial authority
Judicial authority derives from the people of Zimbabwe and is vested in the courts,
which comprise— [...] (g) the customary law courts; and [...]

280 Traditional leadership
(1) The institution, status and role of traditional leaders under customary law are recognised.
(2) A traditional leader is responsible for performing the cultural, customary and traditional functions of a Chief, head person or village head, as the case may be, for his or her community.

282 Functions of traditional leaders
(1) Traditional leaders have the following functions within their areas of jurisdiction—-[...]
(e) to resolve disputes amongst people in their communities in accordance with customary law; and [...]

292 Security of tenure for occupiers of agricultural land
The State must take appropriate measures, including legislative measures, to give security of tenure to every person lawfully owning or occupying agricultural land.

332 Definitions
“Communal Land” means land set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief;
“law” means—
(a) any provision of this Constitution or of an Act of Parliament;
(b) any provision of a statutory instrument; or
(c) any unwritten law in force in Zimbabwe, including customary law;
and “lawful”, “lawfully”, “legal” and “legally” are to be construed
accordingly;

Section 3 - Acquisition of land by President
(4) Notwithstanding subsections (1) and (2), no Communal Land, materials from
Communal Land or interest or right in Communal Land may be acquired by an
acquiring authority otherwise than in accordance with the Communal Land Act
[Chapter 20:04]

Section 2 (exact) “Communal Land” means—(a) any land that is Communal Land in terms of the Communal Land Act [Chapter 20:04]; and (b) any other land that was within the area of a district council on the 19th August, 1988

Section 3 - Extent of Communal Land
Communal Land shall consist of land which, immediately before the 1st February, 1983, was Tribal Trust Land in terms of the Tribal Trust Land Act, 1979 (No.6 of 1979), subject to any additions thereto or subtractions therefrom made in terms of section six.

Section 7(1) (b)(exact) Subject to sections ten and eleven, no person shall occupy or use any portion of Communal Land—
(a) except in the exercise of any previously acquired right subsisting on the 1st February, 1983, or
(b) except in accordance with the terms and conditions of any right, consent or permit granted or issued, as the case may be, in terms of this Act or any other enactment;

Section 17 (1) (c) (extract) 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 46 (2) (extract) When interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter.

Section 12: Domesticated animals
12. (1) Except in accordance with the written permission of an officer, no person shall introduce any domesticated animal into the Parks and Wild Life Estate. (2) An officer or an employee may seize any domesticated animal which has been unlawfully introduced into the Parks and Wild Life Estate, and may detain such animal or hand it over for detention by some other person.
(3) An officer or other person may, before releasing any domesticated animal detained in terms of subsection (2), require the payment of the cost incurred in seizing and detaining such domesticated animal.
(4) Notwithstanding this section, an officer may destroy any domesticated animal within the Parks and Wild Life Estate which is not under the physical control of any person.

26 Land open to prospecting
Subject to the provisions and limitations contained in section thirty-one, the following land is open to prospecting—
(a) all State land and Communal Land;
(b) all private land in the title to which there has been reserved either to
the British South Africa Company or to the Government of Zimbabwe the right to all
minerals or the power to make grants of the right to prospect for minerals
(c) all land held by any person under any enactment or agreement whereby such person is entitled to obtain from the State title thereto on the fulfilment by him of the conditions prescribed by such enactment or agreement.

Section 38 - Notice of intention to prospect
(1) This section shall apply to—
(a) town lands;
(b) private land the boundaries of which are fenced or clearly marked by beacons and cut lines or consist of rivers, roads or railway lines;
(c) any area of land declared under the Forest Act [Chapter 19:05] to be demarcated forest or protected private forest;
(d) Communal Land.
(2) Every person, before exercising any of his rights under a prospecting licence, special grant to carry out prospecting operations issued under subsection (1) of section two hundred and ninety-one or exclusive prospecting order on any land to which this section applies shall give notice of his intention to do so in whichever one or more of the following forms is applicable to the case—
(d) if the land has been declared a demarcated forest, he shall give notice in writing to the chief executive officer of the Forestry Commission established under the Forest Act [Chapter 19:05];

Section 21 Notification of discovery of ancient monument or relic
(1) The discovery of any ancient monument or relic, other than a relic referred to in
paragraph (e) of the definition of “relic” in section two, shall be notified in writing to
the Board without delay by—
(a) the discoverer thereof; and
(b) the owner or occupier of the land upon which such ancient monument or relic is discovered when the discovery comes to his notice:
Provided that, where in the course of any mining operations in pursuance of a right acquired in terms of the Mines and Minerals Act [Chapter 21:05] any person discovers a fossil and complies with the provisions of this section with respect to that fossil, that person shall be relieved of any further duty to report in terms of this section the discovery of any further such fossil in the course of the same mining operations.

Section 8 - Duties of Commission
(1) Subject to this Act, the functions of the Commission shall be—
[...]
(c1) the exploitation of all forms of forest produce, including—
[...]
(iii) the conduct of hunting or photographic safaris;

Second Schedule (Section 11)
[...]
12. To grant to other persons rights in connection with the occupation or use of land which is owned or occupied or controlled and managed by the Commission for such consideration as the Commission may determine.

Section 41 - Certain acts prohibited
(1) Unless authorized in terms of subsection (3) or (4) of section forty-four, no person shall—
(a) cut, fell, injure or destroy any forest produce in, or remove any forest produce from, any demarcated forest or protected private forest; or

Section 44 - Exercise of rights to timber under mining law restricted
(1) No right to timber which is conferred upon a prospector under the mining law or under any title to land shall be exercised—
(a) in any demarcated forest or protected private forest; or
(b) in respect of any tree or forest produce which has been reserved under section thirty-eight or any tree, forest, plantation or part of any forest or plantation which has been protected under the provisions of section thirty-nine.
(2) Any right to timber which is conferred upon a miner under the mining law or under any title to land may be exercised only if such miner obtains a permit under the provisions of this Part:
Provided that no such right shall be exercised—
(a) in any demarcated forest or protected private forest; or
(b) in respect of any tree or forest produce which has been reserved under section thirty-eight or any tree, forest, plantation or part of any forest or plantation which has been protected under section thirty-nine.
(3) Notwithstanding the provisions of subsections (1) and (2), the mining commissioner may, after consultation with the owner of a protected private forest, authorize a prospector or miner to cut or fell any vegetation in such protected private forest if such vegetation interferes with prospecting or mining operations, development work or the erection of buildings for mining purposes:
Provided that the prospector or miner shall comply with any requirement imposed by
the mining commissioner as to the stacking or piling of any vegetation so cut or
felled.
(4) Notwithstanding subsections (1) and (2), the commissioner may authorize a prospector or miner to cut, fell, use, stack or remove any forest produce in a demarcated forest if such forest produce interferes with prospecting or mining operations, development work or the erection of buildings for mining purposes.

Section 45 - No miner may cut timber without permit
(1) Subject to this section and notwithstanding any other law or of any title to land no miner shall cut, fell, injure or destroy—
(a) any forest produce in or remove any forest produce from any State land; or
(b) any indigenous trees or timber in or remove any indigenous trees or timber from private land;
unless he is in possession of a valid mining timber permit issued to him by the Board.

Section 89 - Powers of Minister
(1) The Minister may make regulations providing for any matter which by this Act is
required or permitted to be prescribed or which, in his opinion, is necessary or
expedient to be provided for in order to carry out or give effect to this Act.
(2) Regulations in terms of subsection (1) may, in respect of undemarcated forest,
provide for—
(a) the sale or disposal of trees, wood or other forest produce and the
felling, working and removal thereof;
(b) the issue of licences for any activity referred to in paragraph (a) and
the cancellation of such licences;
(c) the fees or charges to be paid in connection with licences issued or
services or facilities provided.

Section 4 - Functions of Parks and Wild Life Management Authority
[...]
(3) The Authority shall not recommend to the President that he exercise his powers to constitute any land a park area or a part thereof where the recommendation relates to land which is—
(a) forest land, unless the Minister responsible for the administration of the Forest Act [Chapter 19:05] has been consulted;
(b) Communal Land, unless the Minister responsible for the administration of the Communal Land Act [Chapter 20:04] has been consulted;
(c) within the area under the jurisdiction of a local authority, unless the local authority has been consulted.

Section 118 - Servitudes in respect of national parks, etc.
(1) No servitude in, over, under or through a national park, botanical reserve or botanical garden, sanctuary, safari area or recreational park shall be granted unless—
(a) the Minister has approved of the grant in terms of paragraph (a) of subsection (2); or
(b) the President has assented to the grant in terms of paragraph (b) of subsection (2); and any other enactment that are applicable have been complied with.
(2) If the Minister is of the opinion that the servitude in respect of which his approval is sought—
(a) will not unduly interfere with the purposes for which the national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park is constituted, he may approve of the grant of a servitude in, over, under or through any such place; or
(b) will unduly interfere with the purposes for which the national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park is constituted but that the servitude concerned will be in the public interest, he shall refer the matter to the President who may assent to the grant of the servitude.

Section 119 - Prospecting and mining
(1) No person shall prospect in terms of the Mines and Minerals Act [Chapter 21:05] within a national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park except—
[inserted by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) in terms of a permit issued by the Minister with the consent of the Minister of Mines; or
(b) in accordance with any prospecting rights lawfully acquired in respect of the area of the national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park before the date when such area became a national park, botanical reserve, botanical garden, sanctuary or recreational park. [inserted by Act 19 of 2001 with effect from the 1st June, 2002.]
(2) No person shall acquire or work any mining location in terms of the Mines and Minerals Act [Chapter 21:05] within a national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park except—
[inserted by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) in terms of a written agreement between the Minister and the person concerned which has been approved by the President; or
(b) in accordance with any mining rights lawfully acquired in respect of the area of the national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park before the date when such area became a national park, botanical reserve, botanical garden, sanctuary or recreational park. [inserted by Act 19 of 2001 with effect from the 1st June, 2002.]
(3) Notwithstanding this Act, a person prospecting or working any mining location in terms of subsection (1) or (2) may do any thing necessary for those purposes within the national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park concerned, subject to the terms and conditions of the relevant permit or agreement or in accordance with the mining rights, as the case may be. [inserted by Act 19 of 2001 with effect from the 1st June, 2002.]
(4) Notwithstanding this Act, a person may pick any specially protected indigenous plant or indigenous plant where the picking is necessary for the working of any mining location and in accordance with the exercise of mining rights lawfully acquired in terms of the Mines and Minerals Act [Chapter 21:05].
[...]

Section 38 - Notice of intention to prospect
(1) This section shall apply to—
(a) town lands;
(b) private land the boundaries of which are fenced or clearly marked by beacons and cut lines or consist of rivers, roads or railway lines;
(c) any area of land declared under the Forest Act [Chapter 19:05] to be demarcated forest or protected private forest;
(d) Communal Land.
(2) Every person, before exercising any of his rights under a prospecting licence, special grant to carry out prospecting operations issued under subsection (1) of section two hundred and ninety-one or exclusive prospecting order on any land to which this section applies shall give notice of his intention to do so in whichever one or more of the following forms is applicable to the case—
(d) if the land has been declared a demarcated forest, he shall give notice in writing to the chief executive officer of the Forestry Commission established under the Forest Act [Chapter 19:05];

Section 27 - Rights of prospecting and pegging conferred by prospecting licence
(1) Subject to sections twenty-one and three hundred and sixty-eight, every holder of a prospecting licence shall be entitled to the following rights—
(a) the right, subject to the provisions and limitations hereinafter contained, of prospecting and searching for any minerals, mineral oils and natural gases on land open to prospecting, but not of removing or disposing of any mineral discovered save for the bona fide purpose of having it assayed or of determining the nature thereof or with the permission in writing of the mining commissioner;
(b) the right, subject to the provisions hereinafter contained, of pegging—
(i) one block of precious metal claims; or
(ii) one block of precious stones claims; or
(iii) one block of base mineral claims.
(2) No drilling or excavation work, whether at the surface or underground, shall be undertaken by the holder of a prospecting licence, save in the exercise of exclusive rights conferred on him by subsection (5) of section forty-one or subsection (2) of section forty-two.

Section 29 - Surface rights of holder of prospecting licence
(1) In this section—
“location” means the area covered by the relevant prospecting notice and, where a discovery notice has also been posted, the area as extended by that discovery notice;
“private land” does not include Communal Land.
(2) The holder of a prospecting licence, hereinafter in this section called the prospector, shall, when bona fide employed in the pursuit of any of the rights conferred by section twenty-seven, the onus of proof whereof shall lie on him, be entitled to the following rights—
(a) the right to take free of charge for primary purposes any public water or private water from land not closed to prospecting in terms of section thirty or thirty-five but only in so far as such taking does not interfere with the use of such water for primary purposes by the owner or occupier of the land;
(b) after having posted his prospecting notice—
(i) subject to the Forest Act [Chapter 19:05] and to such conditions as may be prescribed, and on payment to the occupier or, where there is no occupier, the owner of the land in advance of such tariff rate as may be prescribed, the right to take and use for firewood within the limits of his location any dead indigenous wood or timber found within those limits on land which is neither Communal Land nor land in regard to which a reservation has been made under section thirty-six or thirty-seven;
and
(ii) subject to this section, the right to erect within the limits of his location any temporary accommodation for himself and his employees and any temporary buildings or machinery for the purposes of his work:
Provided that this subparagraph shall not be deemed to confer any right, title or interest in the land upon which such accommodation, buildings or machinery may have been erected;
(c) the right to remove, within ten days or such longer period as may be determined by the mining commissioner after the expiration of his prospecting notice, any accommodation, buildings or machinery which may have been erected under subparagraph (ii) of paragraph (b).
(3) A prospector who, after the expiry of the period of seven days from the posting of his prospecting notice, accommodates employees on occupied private land situated within his location shall forthwith give to the occupier of the land written notice of that fact describing the site of the accommodation.
(4) If an occupier of private land to whom notice has been given in terms of subsection (3) objects to the site chosen for such accommodation by the prospector and agreement between the occupier and the prospector on any such objection is not reached, the occupier may, within seven days of receipt of the notice or such longer period as may be determined by the mining commissioner, refer the matter to the mining commissioner to decide where the employees of the prospector should be
accommodated and the decision of the mining commissioner shall be final and without appeal.

Section 103 - Rights of concession holders
[...]
(7) Within his reservation a concession holder shall, when bona fide employed in the exercise of any of the rights conferred by his order, the onus of proof whereof shall lie upon him, be entitled to the following rights—
(a) the right to take free of charge for primary purposes any public water or private water from land not closed to prospecting in terms of section thirty-one or thirty-four, but only in so far as such taking does not interfere with the use of such water for primary purposes by the owner or occupier of the land;
(b) subject to this section and of the Forest Act [Chapter 19:05] and to such conditions as may be prescribed and on payment to the occupier or, where there is no occupier, the owner of the land in advance of such tariff rate as may be prescribed, the right to take and use for firewood or for any purposes connected with his prospecting operations any indigenous wood or timber from land open to
prospecting which is neither Communal Land nor land in regard to which a reservation has been made under section thirty-six or thirty-seven;
(c) subject to this section, the right to erect on land open to prospecting any temporary accommodation for himself and his employees and any temporary buildings or machinery for the purposes of his work:
Provided that this paragraph shall not be deemed to confer any right, title or interest in any land upon which such accommodation, buildings or machinery may have been erected;
(d) the right to remove, within three months or such longer period as may be determined by the mining commissioner after the expiration or revocation of his order, any accommodation, buildings or machinery which may have been erected under paragraph (c).
(8) A concession holder who desires to take indigenous wood or timber from land referred to in paragraph (b) of subsection (7) which is private land shall give notice of such desire—
(a) if the land is occupied, to the occupier of the land in person or by registered letter addressed to the occupier at his ordinary postal address; or
(b) if the land is unoccupied, by registered letter addressed to the owner at his ordinary postal address;
and thereafter the concession holder and the occupier or owner may agree as to the area and period within which such wood or timber may be taken, the quantity and kinds of such wood or timber to be taken, the price to be paid for such wood or timber and any other conditions relating to such wood or timber.

Section 44 - Exercise of rights to timber under mining law restricted
[...]
(4) Notwithstanding subsections (1) and (2), the commissioner may authorize a prospector or miner to cut, fell, use, stack or remove any forest produce in a demarcated forest if such forest produce interferes with prospecting or mining operations, development work or the erection of buildings for mining purposes.

Section 45 - No miner may cut timber without permit
(1) Subject to this section and notwithstanding any other law or of any title to land no miner shall cut, fell, injure or destroy—
(a) any forest produce in or remove any forest produce from any State land; or
(b) any indigenous trees or timber in or remove any indigenous trees or timber from private land;
unless he is in possession of a valid mining timber permit issued to him by the Board.

Section 84 - Licences and permits may be cancelled
If any holder of a licence or permit under this Act, other than a mining timber permit,
fails to comply with the terms and conditions of his licence or permit or contravenes
this Act subject to which such licence or permit was issued, such licence or permit
may be cancelled by the authority which issued it.

Section 88 - Contents of National Plan
A National Plan shall formulate strategies and measures for the management, protection, restoration and rehabilitation of the environment, including measures for
(a) the protection of ecological processes, natural systems and the natural beauty as well as the preservation of biotic diversity in the natural environment;
(b) the promotion of sustained utilisation of species and ecosystems and the effective application and re-use of natural resources;
(c) the prevention or mitigation of activities contributing to global climatic change and the protection of the ozone layer;
(d) the protection of the environment against disturbance, deterioration, defacement, poisoning or destruction as a result of man-made structures, installations, processes or products or human activities;
(e) the implementation of international conventions to which Zimbabwe is a party;
(f) the protection of the environment against pollution and against the harmful and uncontrolled use of hazardous substances;
(g) generally ensuring an integrated approach to the maintenance and improvement of the environment so as to afford an acceptable quality of life.

Section 87 (1) (exact) For the purpose of promoting and facilitating the co-ordination of strategies, plans and activities relating to the environment and ensuring the protection and sustainable management of Zimbabwe’s environment, the Minister shall prepare a National Environmental Plan.

Section 95 (1) (exact) Every local authority shall prepare an environmental action plan for the area under its jurisdiction in accordance with such directions as the Minister may give.

Section 87 (2) (exact) In preparing a National Plan, the Minister shall— (a) consult such authorities, agencies and persons as he considers necessary or desirable; and (b) obtain evidence, information or advice from any person who, in the Minister’s opinion, possesses expert knowledge which is relevant to the preparation of the Plan.

Section 95 (3) (exact) The local authority shall—(a) place on public exhibition a copy of the environmental action plan with a statement indicating the time within which representations in connection with the plan may be made to that authority;

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 20 (1)(extract) The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years— (b) have opportunities to associate and to be represented and participate in political, social, economic and other spheres of life;

Section 21 (1) (extract) The State and all institutions and agencies of government at every level must take reasonable measures, including legislative measures, to secure respect, support and protection for elderly persons and to enable them to participate in the life of their communities.
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 [...]

Section 68(1) of the Constitution prescribes that every person has a right to administrative conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair.

Section 71 (3) (exact) Subject to this section and to section 72, no person may be compulsorily deprived of their property except where the following conditions are satisfied—(a) the deprivation is in terms of a law of general application; (b) the deprivation is necessary for any of the following reasons— (i) in the interests of defence, public safety, public order, public morality, public health or town and country planning; or (ii) in order to develop or use that or any other property for a purpose beneficial to the community; Section 74 of the Constitution also provides for freedom from arbitrary eviction. No person may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances.

Section 85 (1) '...is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this Chapter has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.'

Section 297 ii A (extract)- (1) The Zimbabwe Land Commission has the following functions—equitable access to and holding and occupation of agricultural land,
in particular—
A. the elimination of allforms of unfair discrimination, particularly
gender discrimination;

Section 3 (1)1) A person occupying rural land who, but for this Act, would be subjected to any legal
proceedings for an order referred to in subsection (2), shall be a protected occupier of rural land for the period referred to in section 4, if—
(a) he was occupying the land on the fixed date and is still occupying the land at the date of
commencement of this Act; and
(b) he occupied such land in anticipation of being resettled by an acquiring authority on that or
any other land for agricultural purposes in terms of the Land Acquisition Act [Chapter 20:10];
and
(c) he qualifies for settlement on that or any other land in accordance with the relevant
administrative criteria fixed by an acquiring authority for the resettlement of persons for
agricultural purposes.

Page 53 (Exact) It is clear to us that those effects have had an unjustifiable and disproportionate impact upon a group of individuals distinguished by race such as the Applicants.We consider that the differentiation of treatment meted out to the Applicants also constitutes discrimination as the criteria for such differentiation are not reasonable and objective but arbitrary and are based primarily on considerations of race.
Page 54 (Exact) We wish to observe here that if: (a) the criteria adopted by the Respondent in relation to the land reform programme had not been arbitrary but reasonable and objective; (b) fair compensation was paid in respect of the expropriated lands, and (c) the lands expropriated were indeed distributed to poor, landless and other disadvantaged and marginalized individuals or groups, rendering the purpose of the programme legitimate, the differential treatment afforded to the Applicants would not constitute racial discrimination.

Page 17 In conclusion the ZHRC notes that the relocation of people from Arnold Farm without suitable alternative land was not sanctioned by the Courts as required by the law, therefore a violation of numerous rights. In the course of the evictions, the rights to freedom from arbitrary eviction, education, health, administrative justice, freedom of movement were chief among those negatively impacted. It is worth noting that the issue of adequate compensation to the affected families continues to be a bone of contention which state institutions involved in this exercise have not prioritized. The State when effecting evictions through its institutions should ensure the evictees possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats.

Section 12 Compensation
(1) Where as a result of—
(a) a declaration in terms of section six; or
(b) the setting aside of any land in terms of section ten; or
(c) the grant of any servitude in terms of section eleven;
any person is dispossessed of or suffers any diminution of his right to occupy or use
any land—
(i) he shall, so far as is reasonable and practicable, be given a right to
occupy or use alternative land; or
(ii) if no alternative land is available and no agreement has been reached
as to compensation, Parts V and VIII of the Land Acquisition Act [Chapter 20:10],
shall apply, mutatis mutandis, in respect of such dispossession or diminution.

Section 117(2) (exact) Without prejudice to the generality of subsection (1), the regulations specified in subsection (1) may (b) 'provide for the equitable sharing of benefits arising from the technological exploitation of germplasm originating from Zimbabwe between the owner of the technology and the Government.'

Section 14 (5) (exact) In considering an application for a bioprospecting or general licence involving any access to genetic materials or indigenous genetic resource-based knowledge the licensing authority shall—
(a) satisfy itself that -
the project or proposal outlined in the application is not detrimental to the interests of the local authority or any indigenous community residing within it; and
the applicant—
is capable of carrying out the project or proposal outlined in the application and complying with the terms and conditions of the bioprospecting licence or general licence sought by it; and is otherwise a fit and proper person to receive a bioprospecting licence or general licence;
and−
(b) where the materials and knowledge in question are indigenous to a particular community− seek the explicit prior informed consent of the community concerned, and such community shall have the right to refuse consent or access to the genetic materials or knowledge in question where such access will be detrimental to the integrity of their natural and cultural heritage; and transparently and as accurately as possible calculate and disclose to the community— [...]
' Any benefits that may accrue from the licensed use of the genetic materials or knowledge in question, and explore ways in which the community may share in those benefits.' Section 8(1) (exact) The following rights shall susbsist exclusively in a local authority or indigenous comminunity, as the case may be, in relation to any genetic resources and indigenous resources based knowledge that constitute part of the common, tradition or customary patrimony of the local authority or indigenous community -(a) To manage, mantain, conserve or reproduce genetic materials that are indigenous to the local authority or indigenous community concerned.

Section 4(2) (c) (extract) the participation of all interested and affected parties in environmental governance must be promoted and all people must be given an opportunity to develop the understanding, skills and capacity necessary for achieving equitable and effective participation.

Section 9 (extract) -
(1) The following provisions shall, subject to subsection (5) of section seven and subsections (2), (3), (4) and (7) of section eight, apply to the vacation by the owner or occupier of land acquired in terms of this Act—
(a) in relation to land other than agricultural land required for resettlement purposes, any person who, immediately prior to the date on which an order is made in terms of subsection (1) section eight, owned, occupied, held or used the land to which such order relates shall, if so required by not less than three months' notice in writing by the acquiring authority, cease to occupy, hold or use that land, and if he fails to do so, he shall be liable to be evicted by order of a competent court;
(b) in relation to any agricultural land required for resettlement purposes, the making of an order in terms of subsection (1) of section eight shall constitute notice in writing to the owner or occupier to cease to occupy, hold or use that land forty-five days after the date of service of the order upon the owner or occupier, and if he fails to do so, he shall be guilty of an offence and liable to a fine not exceeding-level eight or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (...)

Page 4 In the event that the appellants are eventually convicted careful attention must be paid to the provision of s 16 of the Communal Land Act. That section requires that following upon conviction, as order for eviction be granted in favour of the lawful authority of that land. As such, the order of eviction is a separate civil judgment /order which cannot be made a condition for the suspension of a term of imprisonment as had been the case in the present matter.

Section 16 (2) The court convicting any person on a charge of occupying any land in contravention of this Act may, in addition to any penalty imposed— (a) make an order for the ejectment from such land of such person and of any other person proved to be living with him, whether permanently or otherwise; and (b) make such order, give such instructions and confer upon any person such authority as it may consider reasonably necessary to give effect to the said order of ejectment and for the removal from such land of the possessions of any person to be ejected.