No. 12/2017
LAND COMiv!ISSION
(e)
Cap. 20:29
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 or her leasehold notwithstanding the fact
that(a) subparagraph ( l)(c) 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 subparagraph (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 leasehold;
(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 tenus of this Act of the President to retake the land
or any pottion thereof;
(e)
any special conditions upon which the leasehold was leased.
(4) Until the grant of title the lessee shall, notwithstanding that
all moneys due from him or her to the State have been paid, continue in
possession of the leasehold under the tenus and conditions of his or her lease,
including those under which the lease may be tenninated or cancelled, and
subject to this Act.
(5) For the purposes of this paragraph, 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 leasehold shares in the company, and the power
to appoint and dismiss the majotity of its directors.
Insolvency oflessee
3. (1) Ifthe 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 or her estate may cede the lease to a person approved by the Minister
in writing and upon such tenus 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 or her appointment to cede the lease, the lease shall
terminate.
(3) If a lessee which is a company is wound up, the provisions of
this paragraph relating to a trustee or assignee shall apply to the liquidator
of such company.
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