AGRICULTURAL LAND SETTLEMENT ACT [CHAPTER 20:01] (as amended) (e) in relation to a lease that commenced on or after the 1st October, 1975, in the case of an individual, the lessee is a citizen of Zimbabwe or, in the case of a company, the controlling interest therein is held by a person who is or by persons who are, citizens of Zimbabwe. (2) The President may in special circumstances approve the grant of title to a lessee in respect of his holding notwithstanding the fact that— (a) paragraph (c) of subsection (1) has not been complied with; or (b) an option to purchase has not yet accrued to the lessee; or (c) in the case of a company, the majority of the directors thereof are not citizens, or the controlling interest therein is not held by a person who is or by persons who are, citizens of Zimbabwe. (3) A grant of title referred to in subsection (1) or (2) shall be subject to— (a) the payment by the lessee of any title registration fee and land grant stamp duty; (b) any servitudes which are registrable against the holding; (c) the registration or noting against the title of a debt which in terms of any law must be so registered or noted; (d) the right in terms of this Act of the President to retake the land or any portion thereof; (e) any special conditions upon which the holding was leased. (4) Until the grant of title the lessee shall, notwithstanding that all moneys due from him to the State have been paid, continue in possession of the holding under the terms and conditions of his lease, including those under which the lease may be terminated or cancelled, and subject to this Act. (5) For the purposes of this section, no person or persons shall be regarded as having controlling interest in a company unless such person has or such persons have the power to carry resolutions binding the company in all its affairs, by reason of holding shares in the company, and the power to appoint and dismiss the majority of its directors. 15 Insolvency of lessee (1) If the estate of a lessee is sequestrated or assigned under the laws relating to insolvency, the trustee or assignee, as the case may be, of his estate may cede the lease to a person approved by the Minister in writing and upon such terms and conditions as may be imposed by the Minister. (2) If the trustee or assignee, as the case may be, fails within six months, or such longer period as the Minister may in writing approve, after the date of his appointment to cede the lease, the lease shall terminate. (3) If a lessee which is a company is wound up, the provisions of this section relating to a trustee or assignee shall apply to the liquidator of such company. 16 Death or insanity of lessee (1) If a lessee dies or is detained as a mentally disordered or defective person under the laws relating to mental disorders or is, by order of a competent court, declared incapable of managing his own affairs, the legal representative of the lessee, including any person empowered by law to administer or to give directions as to the administration of his estate, may, subject to this section, cede the lease to a person approved by the Minister or continue the lease on behalf of the estate upon such terms and conditions as may be imposed by the Minister. (2) Until the lease is ceded or during the period the legal representative continues the lease on behalf of the estate, as the case may be, the provisions of this Act applicable thereto and the conditions of the lease shall be fulfilled by the legal representative of the March 2004 11

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