ZWE - AA - WILDLIFE TENURE
PRECONDITIONS
Zimbabwe / Preconditions
PRECONDITIONS
WILDLIFE TENURE
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Section 2 (extract)- “natural resource” includes […] (b) the mammal, bird, fish and other animal life of Zimbabwe […]
Section 2 “forest produce” means, (a) all vegetation, whether alive or dead, in a plantation, forest or woodland; and (b) any part, whether alive or dead, of any such vegetation, including wood, bark, seeds, fruit, gum, resin or sap;
Section 2 (extract)- “forest produce”, in relation to—(a) a demarcated forest, means anything which is grown or is found naturally therein, including any wild or domesticated animal […]
(b) an undemarcated forest, means all trees, timber, palms and bamboos
therein;
but excludes anything specified by the Minister, by statutory instrument, for the
purposes of this definition;
Section 2 (exact) "wild life” means all forms of animal life, vertebrate and invertebrate, which are indigenous to Zimbabwe, and the eggs or young thereof other than fish.[...] "Fish" includes includes vertebrate fish, and aquatic molluscs and crustaceans, both indigenous and non-indigenous, but does not include the bilharzia snail (Biomphalaria pfeifferi and Bulinus Physopsis globusus) and the liver fluke snail (Lymnea natalensis).
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Section 5 Duties of chiefs
(1) A chief shall be responsible within his area for—[…]
(l) ensuring that the land and its natural resources are used and exploited in terms of the law and, in
particular, controlling—(i) over-cultivation; and (ii) over-grazing; and (iii) the indiscriminate destruction of flora and fauna; and (iv) illegal settlements; and generally preventing the degradation, abuse or misuse of land and natural resources in his area;[…]
Section 15 Functions of village assembly
(1) The functions of the village assembly shall be […]
(c) to consider and resolve all issues relating to land, water and other natural resources within the area and
to make appropriate recommendations in accordance with any approved layout or development plan of the village or ward; […]
In the present case the claim to ownership is based on the wounding of the koodoo. But it is clear on the evidence that the wound did not have the effect of reducing the animal into the possession of Mason, for the purpose of acquiring ownership. The koodoo never lost the character of an animal ferae naturae, as far as Mason was concerned. On the contrary, it was the accused who prima facie acquired ownership in the animal or its carcase by occupatio of a res nullius. It is unnecessary to consider the effect of the game laws on the issue of ownership (cf. Dunn v Bowyer and Another, 1926 NPD 516), as it was not shown that the accused were not authorised to hunt koodoo. If the question does arise, the correctness of the decision in Dunn's case, supra, will, I think, require consideration.
Preamble (extract)- An Act […] to confer privileges on owners or occupiers of alienated land as custodians of wild life, fish and plants[…]'
Section 2 “Appropriate Authority”
(a) in relation to any land, means—
(i) in the case of alienated land—
A. the owner thereof; or
B. where the land is held under an agreement of purchase or lease, the purchaser or lessee unless the agreement otherwise provides; and includes any person appointed to be an appropriate authority for the land by such owner, purchaser or lessee, as the case may be;
(ii) the case of unalienated land which is—
A. forest land, the Forestry Commission;
B. parks and wild life land or State land other than forest land, the Authority;
C. an area of Communal Land for which the Minister has, in terms of section one hundred and eight, appointed a rural district council to be the appropriate authority, that rural district council;
D. an area of Communal Land not referred to in subparagraph C, the Minister;
(b) in relation to any waters, means—
(i) the person specified in a notice made in terms of section eighty-three as the appropriate authority for such waters; or
(ii) if no person has been specified in a notice made in terms of section eighty-three as the appropriate authority for such waters, the appropriate authority for the land riparian to such waters;
WILDLIFE
Section 59 Control of hunting, removal and sale of live animals and animal products
(1) This section shall not apply to national parks, sanctuaries or safari areas.
(2) Subject to subsection (4), no person shall— (a) hunt any animal on any land; or
(b) remove any animal or any part of an animal from any land or from one place to another on any land; except in terms of a permit issued in terms of paragraph (c) of subsection (4).
(3) Subject to this Act, no person shall sell any live animal or the trophy of any
animal except in terms of a permit issued in terms of section seventy-five.
(4) Subject to this Act, the appropriate authority for any land may—
(a) hunt any animal on the land; or
(b) remove any animal or any part of an animal from the land or from one place to another on the land; or
(c) issue a permit to any person allowing him or any other person or any class of persons to hunt any animal on the land or to remove any animal or any part of an animal from the land or from one place to another on the land.
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
(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.
(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—
(a) hunting such wild life; (b) conducting or taking part in any hunting, photographic or viewing safari;[…], (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 (8) (extract)- An owner or occupier of land who wishes to obtain a licence to hunt a protected animal or pick a protected indigenous plant on his land may apply therefor in writing to the conservation committee for the area within which his land is situated specifying the land on which he wishes to hunt such animal or pick such plant, his reasons therefor and by whom the hunting or picking will be done.
FISHERIES
Section 83 Appropriate authority for waters
(1) The Minister may, on the recommendation of, or after consultation with, the Authority, by notice in a statutory instrument, declare any person to be the appropriate authority for any waters and may in like manner amend or revoke any such notice: […]
Section 85 Control of fishing
(1) Subject to section eighty-six, no person shall fish in any waters, other than those
specified in a notice made in terms of subsection (2), except in terms of a permit
issued in terms of section eighty-six by the appropriate authority for the waters.
(2) The Minister may, on the recommendation of, or after consultation with, the
Authority, by notice in a statutory instrument, specify any waters for which a permit
to fish, issued in terms of section eighty-six, shall not be required and may in like
manner amend or revoke any such notice.[…]
Section 86 Permission to fish
Subject to this Act, the appropriate authority for any waters may—
(a) fish at any time in the waters; or
(b) issue a permit to any person allowing him or any other person or any
class of persons to fish in the waters.
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Section 5 Duties of chiefs
(1) A chief shall be responsible within his area for—[…]
(l) ensuring that the land and its natural resources are used and exploited in terms of the law and, in
particular, controlling—(i) over-cultivation; and (ii) over-grazing; and (iii) the indiscriminate destruction of flora and fauna; and (iv) illegal settlements; and generally preventing the degradation, abuse or misuse of land and natural resources in his area;[…]
Section 38 Reservation of trees or forest produce
The Minister may, in respect of any State forest, by statutory instrument, declare any species of tree or any forest produce to be specially reserved and may in like manner revoke or amend any such declaration.
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Section 23 (extract)- For the purpose of giving effect to the provisions of section twenty-one the Authority shall, with the concurrence of the Minister and subject to this Act, have power—
(b) to take or collect and remove for export or otherwise any specimen of wild life, fish or plant from a national park; and
(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
(e) to sell, donate or otherwise dispose of, any specimen of wild life, fish or plant taken from a national park.
Section 59(4) - Subject to this Act, the appropriate authority for any land may—
(a) hunt any animal on the land; or
(b) remove any animal or any part of an animal from the land or from one place to another on the land; or
(c) issue a permit to any person allowing him or any other person or any class of persons to hunt any animal on the land or to remove any animal or any part of an animal from the land or from one place to another on the land.
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1.4 Conservation Fees by Park—
[...]
(d) Local communities are defined as those living in the specific administrative district that shares a boundary with the park.
The station shall determine the system used to prove local community residency in liaison with the relevant local authority(ies).
Section 2- "Community" or "indigenous community" means a community of persons that has inhabited Zimbabwe continuously since before the year 1890 and whose members share the same language or dialect or the same cultural values, traditions or customs.
Section 2 “community” means a community of persons who, according to customary law, fall under the jurisdiction of a chief
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Section 2 - "genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity;
Section 7 -A local authority or indigenous community as the case may be shall, in relation to any genetic resource or indigenous genetic resource based knowledge that constitute part of common, traditional , customary patrimony of the local authority or indigenous community, have the following rights with respect to genetic resources or indigenous genetic resource based knowledge.... (a) to be consulted with respect to such access where it is to be given to people who are not residents of the local authority or members of the indigenous community concerned b) To give its explicit prior informed consent to such access especially where such access (i) Is to be given to people who are not residents of the local authority or indigenous community concerned (ii) May be detrimental to the integrity of its natural and cultural heritage.
Section 8- The following rights shall subsist exclusively in a local authority or indigenous community, as the case may be, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community— (a) to manage, maintain, conserve and reproduce genetic materials that are indigenous to the local authority or the indigenous community concerned; (b) to harvest, gather, collect specimens of or take samples from or otherwise prospect for, genetic materials that are indigenous to the local authority or the indigenous community concerned; (c) to harvest, gather, or collect on a large or commercial scale genetic materials that are indigenous to the local authority or the indigenous community concerned; To cultivate or breed on a large or commercial scale genetic materials that are indigenous (d) to cultivate or breed on a large or commercial scale genetic materials that are indigenous to the local authority or the indigenous community concerned; (e) to export from Zimbabwe any protected genetic materials that are indigenous to the local authority or indigenous community concerned; (f) to import into Zimbabwe any protected genetic materials that are indigenous to the Local authority or the indigenous community concerned; (g) to market, beneficial or otherwise exploit for gain genetic materials that are indigenous to the local authority or the indigenous community concerned; (h) to publish indigenous genetic resource-based knowledge that constitutes part of the common, traditional or customary patrimony of an indigenous community; (i) to publish, or register a patent or other intellectual property right in relation to— (i) any genetic material indigenous to the local authority or the indigenous community concerned; (ii) any indigenous genetic resource-based knowledge.
Section 11 Membership of councils
(1) Subject to this Act, every council shall consist of—
(a) one elected councillor for each ward of the council area; and
(b) such number of appointed councillors representing special interests, not exceeding one-quarter of the
number of elected councillors, as the Minister may fix in respect of the council by statutory instrument.
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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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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 2 (extract)- “appropriate authority”— (a) in relation to any land, means—[...] (C) an area of Communal Land for which the Minister has, in terms of section one hundred and eight, appointed a rural district council to be the appropriate authority, that rural district council;
Section 59(4)- Subject to this Act, the appropriate authority for any land may—
(a) hunt any animal on the land; or
(b) remove any animal or any part of an animal from the land or from one place to another on the land; or
(c) issue a permit to any person allowing him or any other person or any class of persons to hunt any animal on the land or to remove any animal or any part of an animal from the land or from one place to another on the land.
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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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Section 100- Notwithstanding anything to the contrary in the Magistrates Court Act [Chapter 7:10], for an offence in terms of this Act
(a) a regional magistrate shall have jurisdiction to impose any penalty that may be imposed for that offence in terms of this Act or any other law;
(b) a provincial magistrate or a senior magistrate shall have jurisdiction to impose a fine of level twelve or imprisonment for a period of ten years or both such fine and such imprisonment;
(c) a magistrate other than a regional, provincial or senior magistrate shall have jurisdiction to impose a fine of level eight or imprisonment for a period of three years or both such fine and such imprisonment [...]
Section 105 (extract)- Where a person is convicted of an offence in terms of this Act involving hunting and the commission of the offence has caused the death of a domestic animal or has made it necessary or expedient for a domestic animal to be killed or has caused injury to or deterioration in the condition of a domestic animal, the court shall, in addition to any penalty which it may impose on the person convicted, order him to pay as compensation to the owner of the animal concerned such amount as may, subject to subsection (2), be specified by the court [...]
Section 106(extract)- Forfeiture and cancellation of authority in terms of this Act:
(1) Where any person is convicted of—
(a) a contravention of paragraph (b) of subsection (1) of section fifteen, paragraph (a) of subsection (1) of section twenty-four or subsection (1) of section thirty-six; or
(b) an offence in terms of this Act involving hunting or fishing and such hunting or fishing took place at night;
the court—
(i) shall, unless good cause to the contrary is shown, order that any weapon, explosive, fishing net or dazzling light; and
(ii) may order that any tent, vehicle, aircraft or boat; used for the purpose of or in connection with the commission of the offence shall be forfeited to the State Section 128(10(b)- “Notwithstanding any other provision of this Act, any person who is guilty of an offence under this Act involving the unlawful possession of, or trading in, ivory or any trophy of rhinoceros or of any other specially protected animal that may be specified by the Minister by statutory instrument shall be liable—
(a) on a first conviction, to imprisonment for a period of not less than nine years;
(b) on a second or subsequent conviction, to imprisonment for a period of not less than eleven years[...]