NAME : CHIKUKU KUDAKWASHE A

REG NUMBER : R121465A

COURSE : INTRODUCTION TO LAW AND LEGAL METHODS

(RUP 319)

PROGRAM : HRUP

LECTURER : MR CHAERUKA J

ASSIGNMENT QUESTION : Critically assess the extent to which these acts impinge on
land use planning and control.

a) Land Acquisition Act (Chapter 20:10)

b) Land Survey Act (Chapter 20:12)

DUE : 03 October 2014

Land use planning and control owes its origin to the ills and imbalances experienced back in
the day. It has been noted that ad hoc use of land brings more harm than good hence the birth
of land use planning. Land use planning has been backed by several pieces of legislation
which manifest as acts of parliament and/or statutory instruments. These statutes have a
considerable bearing on how land use planning is executed and effected and this discretion
could have been made with the consideration that land (space) is the launch pad for almost
every piece of development. In Zimbabwe, land use planning and control is done by the
Department of Physical Planning (DPP) and the Regional Town and Country Planning Act
(Chapter 29:12) is the manual for executing the process (Chirisa, 2014). This presentation
serves to provide a critical assessment of the extent to which the Land Acquisition Act
(Chapter 20:10) and the Land Survey act (Chapter 20:12) impinge on land use planning and
control.

Land use planning is defined as an iterative process based on the dialogue amongst all
stakeholders aiming at the negotiation and decision for a sustainable use of land and also
initiating and monitoring its implementation (Amler et al, 1999). Sustainability of use in this
case implies social justice, environmental compatibility, technical viability and economic
efficiency. It should be noted that the definition of land use planning should not be confined
to production alone but should widen to encompass land functions such as protected areas,
land recreation, road building sides and use-restricted such as buffer zones for exhaust gases,
areas for regenerating ground water and so forth (Amler et al, 1999). Some of the steps
involved in land use planning include defining the plan area (boundary making), conducting
people involved, acquiring basic information about the area (survey), setting goals,
identification of problems and opportunities, setting the scope of the plan and deciding
operational questions such as authority to fund, how to keep records, location of plans et
cetera. In short, land use planning is therefore defined as the procedure for planning
sustainable use of land considering its potentialities, limitations and user needs.

The Land Acquisition Act (Chapter 20:10) in line with Part VII (sections 45 to 48) of the
RTCP Act provides guidelines and procedures for the acquisition of land. The detailed
procedures followed are outlined by Part III of the Act (Land Acquisition) with sections
talking of preliminary notices, authorization and confirmation orders, eviction of owner,
registration of land acquired and investigation of land to be acquired. These stages are crucial
in land use planning as they determine how to obtain the land for which uses will be decided
thus bringing out the significance of the Land Acquisition Act in land use planning and
control.

Survey of land (acquiring basic information about the area) which is provisioned for by
section 13 of the RTCP act is a fundamental aspect of land use planning and control. The
Land Survey Act (Chapter 20:12) provides the ground rules for land capability assessment
through noting the topographic, geotechnical and infrastructural constituencies that a piece of
land is overlain by. The Land Acquisition Act (Chapter 20:10), a sister act to the
aforementioned also echoes through stating the necessity of the survey of land in section 11.
Through expounding a crucial cornerstone of land use planning highlighted by section 13 of
the RTCP act it is indubitable that the Land Acquisition Act and the Land Survey Act have a
noteworthy impact and considerable imprint on land use planning and control.

The provision and/or installation of beacons, boundaries and diagrams coincide with the first
step of land use planning and control as propounded by Amler et al (1999) that is defining
the planning area. Part VII of the Land Survey Act explains the installation of survey
beacons and conditions thereof. This echoes to the diktats of land use control as it prevents
encroachment related conflicts through providing clear definitions of jurisdictional areas. In
this respect, the Land Survey Act (Chapter 20:12) influences land use control.

Land use planning involves conducting the stakeholders involved as clearly portrayed by
sections 15 and 18 eighteen of the RTCP act, that is publicity in connection with the
master/local plan. The Land Acquisition Act (Chapter 20:12) ensures communication with
people involved before any execution thus nodding to the principles of land use planning.
This is manifested by paragraph (a) of subsection (1) of section five which notes that a
publication should be made in the Gazette, that is a preliminary notice. This is intended to
get in touch with the relevant stakeholders at the same time conscientising them about the
developments about to take place, that is acquisition in this case. Moreover, subsection (1) of
section nineteen of the Land Survey Act (20:12) states that the surveyor general will ensure
publication of a notice once every week during two consecutive weeks in a newspaper
circulating in the district before approval of a diagram for land inspection. This is intended to
acquaint the involved with what is about to transpire so as to prevent conflicts and ensure
development compatible with all stakeholders. From this analyses it makes academic sense to
conclude that the Land Acquisition Act (20:10) and the Land Survey Act (20:12) have a
noteworthy impingement on land use planning and control.

Subdivision of land is part and parcel of land use planning. In the RTCP act this is covered
under Part VI, particularly sections 39 and 43. Part V of the Land Survey Act (Chapter 20:12)
explicates the processes involved in the subdivision of land and the regulations thereof.
Section 25 of the latter clearly outlines the ground rules (preliminary procedure for
subdivision of land that is submission of copies of relevant subdivision plan to the surveyor
general, undertaking of a survey for the area and the approval thereof. This, accompanied by
the definition of geometrical figure and deduction of numerical extent of the subdivision
provides tangible evidence that the Land Survey Act (Chapter 20:12) has a remarkable
imprint on land use planning and control. A case in point is Sommer Ranching (Pvt) Limited
vs Ministry of Local Government (1989) T1713 whereby, the court was to base its judgement
on whether the proposed subdivision would accord with the principles of sound regional and
country planning. Given that the RTCP act, particularly Part VI provides these principles and
that the Land Survey Act expounds these principles in Part V, it is clear that the Land Survey
Act has a significant impact on land use planning.

Land use planning also entails land consolidation. Section 42 of the Land Survey Act
(20:12), coinciding with Part VI of the RTCP act (29:12) elucidates the kind of pieces of land
that are suitable for consolidation and also the need for consolidation permits where these are
due (section 40 of the RTCP). Immediate succeeding sections of the act (Land Survey) give a
broader guideline for land consolidation. This, in a way, gives direction for the processing of
land consolidation thereby bringing out the uncontested relevance of the act in land use
planning.

Through records, the Land Acquisition Act provides a guideline for land use planning and
control. This is evidenced by section ten that explains registration of acquired land.
Subsection (3) of the aforementioned section clearly points out that the Registrar of Deeds
shall record the acquisition by making appropriate entities in his registers. This ensures
transparency and, in a way, prevents conflicts thus controlling use of land. The provision of
deeds to the owner secures ownership and therefore reduces the chances of a tract of land to
fall prey to tragedy of the commons. In other words, it prevents the possibility of a piece of
land to be used as dumpsite by the surrounding people. This implies that land is most likely to
be used in a more sustainable manner if there is clearly defined owner. Therefore, it is
prudent to note that the Land Acquisition Act has a notable impact on land use planning and
control.

Land use control is also portrayed in subparagraphs (a), (b) and (c) of subsection (2) of
section five of the Land Acquisition Act (Chapter 20:10) which discourage subdivision,
application for permit to subdivision, construction of permanent improvements or disposal of
a piece of land where a preliminary notice has been lodged in the gazette by the acquiring
authority. This prevents popping up of unnecessary developments while simultaneously
preventing conflicts with the acquiring authority. Furthermore, paragraph (a) of subsection
(5) of the same section states that the registrar of deeds should not register any transfer of
land described in such notice. In this way land use control is ensured.

Subject to subparagraphs (i) and (ii) of paragraph (a) of subsection (8) of section five of the
Land Acquisition Act (Chapter 20:10) anyone who demolishes, damages, alters or impairs the
land described in the notice shall be liable to a fine not exceeding level ten or to
imprisonment for not more than two years. This safeguards order on a piece of land and, in a
way, nods to the principles of land use planning. Moreover, conflicts are less likely to occur
because of this legislation thus the use of land is controlled. In this way the Land Acquisition
Act (Chapter 20:10) has an impact on land use planning and control.

Sustainability is a key objective of land use planning. The Land Acquisition Act (Chapter
20:10) tries to ensure this phenomenon through emphasizing the provision of a Derelict Land
Board (Part VII). This board seeks to declare and propose better uses for land devoid of
people and unused or not maintained by the owner. Social justice, being a component of
sustainability, is also an object of land use planning. The Land Acquisition Act (20:10) tries to
ensure social justice through provisioning for compensation of the owner of a piece of land to
be acquired. Part V and VA of the act explain how the compensation is assessed and also the
relevant personnel responsible that is the compensation committee (section 29A). Given that
this conforms to Part VIII of the RTCP act (compensation), it is clear that the Land
acquisition Act has a notable impingement on land use planning.

Conversely, the Land Acquisition Act and the Land Survey Act are not always influential in
land use planning. This is because they leave out some basic processes of land use planning
which have been outlined by the RTCP act. Moreover, their limited imprint is also hinged on
the impact of external factors such as politics. Both the land survey and land acquisition do
not talk about preservation of sensitive areas or buildings of special architectural merit or
historic importance. These issues are covered by sections 30 and 31 of the RTCP Act
(Chapter 29:12) and the EMA (20:27 No. 13 of 2002). This omission leads one to conclude
that the Land Survey Act (Chapter 20:12) and the Land Acquisition Act (Chapter 20:10) are
not in total control of land use planning and control.

The Land Acquisition Act (Chapter 20:10) does not mention issues concerning subdivisions
and consolidations and neither does it mentions boundary demarcations. The Land Survey
Act, on the other hand, does not mention steps and conditions for acquisition and disposal of
land.See 1999 and 2003 statutory instruments on farm sizes!!!

Making reference to Alexander v. Bromley Ruwa Rural Council and Collins and Stambolie
(1989) it is clear that the provisions of the Land Survey Act (Chapter 20:12) are not always
considered and followed in land use planning and control. Below is an extract from the case.

The council had granted a permit to S. In terms of the title deed of the property, buildings
were not permitted to encroach over a specified building line. The effect of the permit
granted by the Council to S was to permit and regularize such encroachment

From the extract above it is discernible that the council made its decisions disregarding the
provisions of the Land Survey Act in terms of beacons and boundaries. Had it not been the
case that the owner of the encroached property appealed and was vindicated by the court, the
decision of the Council that sidestepped the provisions of the Land Survey Act would have
stood. It is therefore clear that at times the act may influence planning and control of land
uses to a lesser extent.

Evidence of the lessened impact of the Land Acquisition Act on land use planning can be
derived from Zimbabwes Land Reform Programme, particularly the Fast Track part of it.
Guidelines for acquisition such as preliminary notice, communication with the relevant
stakeholders and compensation were put aside. Land was grabbed without any guiding
principle beyond political concerns and declaration. In this respect, one can safely argue that
at times the Land Acquisition Act does not considerably impinge on land use planning and
control.

In conclusion, the Land Acquisition Act and the Land Survey Act have a considerable impact
on land use planning and control. This is shown by their outline and explanation of sections
within the RTCP Act that talk of how land use planning should be executed such as
acquisition of land and compensation thereof, investigation of land to be acquired,
subdivisions and consolidations and also various forms of control. However, it is imperative
to note that the acts omit other aspects of land use planning and their provisions are
sometimes overlooked by several forces such as politics and corruption.

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REFERENCES

Amler B, Betke D, Eger H, Ehrich C, Kohler A, Kutter A, A. von Lossau, Mller U,

Seidemann S, Steurer R & Zimmermann W. (1999)., Land Use Planning Methods, Strategies
and Tools. Deutsche Gesellschaft fr Technische Zusammenarbeit (GTZ) GmbH, Eschborn.

Chirisa I (2014)., Building and Urban Planning in Zimbabwe with Special Reference to
Harare: Putting Needs, Costs and Sustainability in Focus. The Journal of Sustainable
Development Vol. 11(1). 1, Pp. 126

Government of Zimbabwe (2006). Land Acquisition Act (Chapter 20:10)

Government of Zimbabwe (2007). Land Survey Act (Chapter 20:12)

Government of Zimbabwe (2001). Regional Town and Country Planning Act (Chapter
29:12)

Case laws

Alexander v. Bromley Ruwa Rural Council and Collins and Stambolie (1989) T1670

Sommer Ranching (Pvt) Limited v. Ministry of Local Government (1989) T1713