No. 12/2017 23 LAND CoMNussroN Cap. 20:29 Minister may issue offer letters, leases, deeds of grant and permits The Minister may, subject to section 17, issue offer letters, leases, deeds of grant and permits in respect of Gazetted or other State land. 24 Applications for ninety-nine year leases to be referred to Commission No ninety-nine year lease in respect of Gazetted or other State land shall be issued to an applicant therefor until the application has been referred to the Commission for its consideration and report: Provided that nothing in this section shall be construed as requiring the Minister to comply with a recommendation or report of the Conm1ission in relation to an application. 25 Matters to be considered by Commission (1) In the exercise of its functions referred to in section 24, the Conunission shall have regard to- (a) the age of the applicant; (b) the character and legal competence of the applicant to hold, acquire and fatm the holding or portion of Gazetted or other State land; (c) whether the applicant possesses the qualifications and capital necessary to make proper use of the holding or pottion of Gazetted or other State land, having regard to the putpose for which it is proposed to be alienated; (d) any other facts which, in the opinion of the Conmussion, are relevant to the individual applicant or the holding. (2) The Conmlission shall not recommend an applicant who is a corporate body, unless it is a company- 26 (a) incorporated under the law of Zimbabwe relating to companies; and (b) legally competent to acquire, hold and fmm the holding; and (c) that possesses oris able to raise share capital which is necessary to make proper use of the holding, having regard to the puqJOse for which it is proposed to be alienated; and (d) that has no shareholder who, individually or through another company, holds other agricultural land in contravention of any provision of tlus Act prohibiting or restricting the multiple holding of agricultural land; and (e) that is otherwise compliant, in terms of the composition of its directors and shareholders and otherwise, with the provisions of Indigenisation and Economic Empowerment Act [Chapter 14:33] (No. 14 of2007). Issue of lease Where the Mituster leases a holding or p01tion of Gazetted or other State land to an applicant, such lease, subject to this Act shall- 27 (a) be on such terms and conditions as may be fixed by the Minister; (b) not contain an option to purchase the land to which it relates if the land in question is Gazetted land. President may retake for public purposes (1) The President may, at any time and in such manner and under such conditions as he or she may deem fit, retake possession of land alienated in tem1S of this Act or any portion thereof, for State, local authority or public purposes on payment 218

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