ZWE - BA - INSTITUTIONAL SET-UP
PRECONDITIONS
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Zimbabwe / Preconditions
INSTITUTIONAL FRAMEWORK RELEVANT TO PRECONDITIONS
INSTITUTIONAL SETUP
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Section 282 (extract)- Traditional leaders have the following functions within their areas of jurisdiction--[…] in accordance with an Act of Parliament, to administer Communal Land and to protect the environment; […] 2. Except as provided in an Act of Parliament, traditional leaders have authority, jurisdiction and control over the Communal Land or other areas for which they have been appointed, and over persons within those Communal Lands or areas.
Section 296 (extract)- There is a commission to be known as Zimbabwe Land Commission consisting of-[…]
Section 297 (extract)- The Zimbabwe Land Commission has the following functions--
a. to ensure accountability, fairness and transparency in the administration of agricultural land that is vested in the State;
b. to conduct periodical audits of agricultural land;
c. to make recommendations to the Government regarding.i. the acquisition of private land for public purposes;
ii. equitable access to and holding and occupation of agricultural land, in particular--
A. the elimination of all forms of unfair discrimination, particularly gender discrimination;
B. the enforcement of any law restricting the amount of agricultural land that may be held by any person or household;
iii. land usage and the size of agricultural land holdings;
iv. the simplification of the acquisition and transfer of rights in land;
v. systems of land tenure; and
vi. fair compensation payable under any law for agricultural land and improvements that have been compulsorily acquired;
vii. allocations and alienations of agricultural land; d. to investigate and determine complaints and disputes regarding the
supervision, administration and allocation of agricultural land.[...]
Section 3- The Zimbabwe Land Commission shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform. Section 4- For the avoidance of doubt it is declared that, conformably to section 297(3), of the Constitution, the Commission exercises its functions (apart from its dispute settlement function) subject to any policy directives which the Minister may give it.
Section 4- Upon the 1st April, 1954, there shall be established a commission under the name of the Forestry Commission, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as bodies corporate may by law perform. Section 8 (extract)- Subject to this Act, the functions of the Commission shall be—
(a) the consideration of all questions and matters arising out of or relating to general forest policy and the making of reports and recommendations thereon to the Minister;
(b) the control, management and exploitation of State forests, plantations and forest nurseries belonging to the State and such other land as may be acquired by the State for forestry purposes;
(c) the establishment, maintenance, improvement, renewal and exploitation of plantations and forest nurseries;
(c1) the exploitation of all forms of forest produce, including— [...]
Section 61- Upon the recommendation of the Minister responsible for the administration of the Natural Resources Act [Chapter 20:13], [repealed by the Environment Management Act] the Minister may, by statutory instrument, declare that, with effect from a specified date— (a) a council area or any part thereof shall be an intensive conservation area for the purposes of the Natural Resources Act [Chapter 20:13]; [repealed by the Environment Management Act] and (b) the council shall be the natural resources conservation committee for such intensive conservation area.
Section 3- There is hereby established a body corporate, to be known as the Parks and Wild Life Management Authority, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies
corporate may by law perform.
Section 4 (extract)- Subject to this Act, the functions of the Authority shall be— (a) to control, manage and maintain national parks, botanical reserves and botanical gardens, sanctuaries, safari areas and recreational parks, (b) to examine and report to the Minister from time to time upon—
(i) the policy which should be adopted to give effect to the objects and purposes of this Act; and.
(ii) the conservation and utilisation of the wild life resource of Zimbabwe; and
(iii) the conservation and utilisation of the fish resource of Zimbabwe; and
(iv) the preservation and protection of natural landscapes, wild life and plants and the natural ecological stability of wild life and plant communities in national parks[...] Section 78(extract)- Any member of a conservation committee or any other person appointed by such committee for the purpose may—
(a) on giving notice to the occupier of alienated land within the area of the environment committee, or if there is no such occupier, to the owner thereof, enter upon such land for the purpose of investigating and reporting upon animals and indigenous plants on that land[...] (b) require the occupier of alienated land within the area of the environment committee or, if there is no such occupier, the owner thereof, to answer any question relating to animals or indigenous plants on his land,
Section 9 (extract)- 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 [...]
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Section 3 (extract)- Zimbabwe is founded on respect for the following values and principles--[...] b. the rule of law;
c. fundamental human rights and freedoms;
d. the nation's diverse cultural, religious and traditional values; e. recognition of the inherent dignity and worth of each human being; f. recognition of the equality of all human beings; g. gender equality; h. good governance; and [...]
Section 13(4)- The State and all institutions and agencies of government at every level must endeavour to facilitate rapid and equitable development, and in particular must take measures to--[...] 4 The State must ensure that local communities benefit from the resources in their areas
Section 56 (extract)- 1. All persons are equal before the law and have the right to equal protection and benefit of the law.2. Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. Section 297 ii A (extract)- 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;
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Section 5 Determining factors
For the purposes of determining whether or not an administrative authority has failed to comply with section three the High Court may have regard to whether or not— (a) the administrative authority has jurisdiction in the matter; (b) the enactment under which the action has been taken authorises the action; (c) a material error of law or fact has occurred; (d) a power has been exercised for a purpose other than that for which the power was conferred; (e) fraud, corruption or favour or disfavour was shown to any person on irrational grounds;
(f) bad faith has been exercised; (g) a discretionary power has been improperly exercised at the direction, behest or request of another person; (h) a discretionary power has been exercised in accordance with a direction as to policy without regard to the merits of the case in question; (i) a power has been exercised in a manner which constitutes an abuse of that power;
(j) the action taken is so unreasonable that no reasonable person would have taken it;
(k) there is any evidence or other material which provides a reasonable or rational foundation to justify the
action taken; (l) an irrelevant matter has been taken into account; (m) a relevant matter has not been taken into account; (n) a breach of the rules of natural justice, where applicable, has occurred; (o) the procedures specified by law have been followed; (p) any departure from the requirements of section three is in the circumstances reasonable and justifiable.