as an order for ejectment made by a magistrates court
against such person; and
(b) be enforceable at the instance of the authority concerned.
(5) Any person whose name appears on the list referred to
in subsection (1) or which has been changed in terms of
subsection (3) and who, after the expiry of the period within
which he is required to vacate the premises in terms of
subsection (2) or (3), as the case may be—
(a) continues to use or occupy the premises concerned; or
(b) by resuming use or occupation of the premises
concerned causes the maximum number of persons
who may use or occupy the premises in terms of the
control order concerned to be exceeded;
shall be guilty of an offence and liable to a fine not exceeding
level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
62 Variation or revocation of control order
(1) After the expiration of six months from the date on
which a control order was made and from time to time—
(a) the authority, after giving the owner or occupier
concerned and, if the control order was made at the
instance of a resident, that resident; or
(b) the owner or occupier, after giving the authority
concerned and, if the control order was made at the
instance of a resident, that resident;
seven days written notice of intention to do so, may apply to
the housing court for the control order to be varied or
revoked.
(2) Upon an application made in terms of subsection (1)
the housing court may, subject to this Part—
(a) if it considers that the circumstances in which the
control order was made have since changed, vary or
revoke the control order; or
(b) refuse the application.
63 Failure to comply with control order an offence
An owner or occupier of premises who fails—
(a) to comply with a control order which is served or
which is binding upon him; or
(b) to submit a list in terms of section seventy-six;
shall be guilty of an offence and liable to a fine not exceeding
level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
64 Rent not payable where premises vacated
Notwithstanding anything contained in any law, no occupant of any premises who—
(a) pays rent in respect of such occupation; and
(b) is required in terms of a control order to vacate the
premises for a definite or indefinite period;
shall be liable to pay rent in respect of such period.
65 Order for costs in respect of proceedings in
terms of this Part
Notwithstanding this Act, no order as to costs in respect of
any proceedings in terms of this Part shall be made against
any person unless the housing court considers that that
person behaved unreasonably.
PART VI
CLEARANCE AREAS
66 Authority may apply for appointment of board of
investigation
(1) Where an authority considers that—
(a)
there are buildings of an unsatisfactory standard in
any area within its authority area; and
(b) the prevalence of buildings referred to in paragraph
(a) is such that the most appropriate method of dealing with such buildings is the acquisition and clearance of the whole or any part of the land in the area
referred to in that paragraph;
it may apply in writing to the Minister for the appointment of
a board:
Provided that no such application shall be made unless—
(a) at least fourteen days’ notice of the meeting of the
authority at which the proposal to make application in
terms of this subsection is to be introduced has been
given to the persons entitled to attend such meeting; or
(b) the proposal referred to in paragraph (a) is introduced
as a recommendation of a committee of the authority.
(2) An application made in terms of subsection (1) shall
be accompanied by—
(a) a map on which the area concerned is outlined
together with a narrative description of the boundaries
of such area; and
(b) the grounds for the opinion of the authority set out in
that subsection; and
(c) details of alternative accommodation available, or to
be provided, for persons—
(i) residing within the area concerned; and
(ii) likely to require such accommodation in the
event of a clearance warrant being granted in respect of the area referred to in subparagraph (i).
67 Appointment and functions of board
Upon receipt of an application made in terms of subsection
(1) of section sixty-six, the Minister may—
(a) appoint a board of investigation to inquire into and
report to him on—
(i) whether or not the opinion of the authority set
out in that subsection is well founded; and
(ii) if the opinion referred to in subparagraph (i) is
well founded, whether or not the alternative accommodation referred to in paragraph (c) of
subsection (2) of that section is adequate; and
(iii) whether or not it would be desirable—
A. to grant a clearance warrant in respect of
the whole or any part of the area outlined
and described in terms of paragraph (a) of
subsection (2) of that section; or
B. to refuse to grant a clearance warrant;
and
(iv) any other matters relevant to such application;
or
(b) refuse such application.
68 Composition and remuneration of board
(1) A board shall consist of—
(a) a chairman, who has been a legal practitioner or
magistrate in Zimbabwe for a period of not less than
ten years; and
(b) two other members, one of whom shall be—
(i) a Government medical officer or assistant health
officer appointed in terms of section 5; or
(ii) a medical officer of health appointed in terms of
section 7;
of the Public Health Act [Chapter 15:09].
(2) No person shall be appointed as a member of a board
if he—
(a) has, in terms of a law in force in any country—