PART I: PRELIMINARY

AN ACT to establish housing courts and to confer upon them certain powers and functions; to provide for the repair, demolition or closure of buildings of an unsatisfactory standard; to provide for the abatement of overcrowding of dwellings; to control the harmful use or occupation of premises and the undue interference with the rights of the residents of a neighbourhood; to institute a procedure whereby clearance warrants may be granted to local authorities for the acquisition and clearance of areas in which buildings of an unsatisfactory standard are prevalent; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 10th November 1972.].

1. Short title.

This Act may be cited as the Housing Standards Control Act [Chapter 29:08].

2. Interpretation.

In this Act—
“abatement order” means an abatement order made in terms of paragraph (a) of section forty-two;
“abatement summons” means an abatement summons issued in terms of subsection (2) of section thirtyseven;
“authority” means a municipality, town or rural district council or such other local authority as the Minister
may, by statutory instrument, declare to be an authority for the purposes of this Act;
“authority area” means, in the case of—
(a) a municipality, the area of the municipality in terms of the Urban Councils Act [Chapter 29:15];
(b) a town, the area of the town in terms of the Urban Councils Act [Chapter 29:15];
(c) a rural district council, a town ward of the council or any area that is declared to be a specified
area in terms of the Rural District Councils Act [Chapter 29:13];
(d) an authority other than a municipality, town or rural council, such area as may be specified by
the Minister, by statutory instrument, as the authority area of such authority;
and includes any other area—
(i) owned by, or under the jurisdiction or administration of, the authority concerned; and
(ii) declared by the Minister, by statutory instrument, after consultation with the authority referred to
in subparagraph (i), to form part of the authority area of such authority;
“board” means a board of investigation appointed in terms of paragraph (a) of section sixty-seven;
“building” includes any man-made structure whatsoever or any part thereof, whether temporary or permanent
in character, used or designed or intended to be used by persons—
(a) for the purpose of habitation or sleeping; or
(b) from time to time for the performance of any action or task; or
(c) for carrying on any activity;
“clearance area” means the area in respect of which a clearance warrant is granted;
“clearance notice” means a notice referred to in subsection (1) of section seventy-five;
“clearance warrant” means a clearance warrant granted in terms of paragraph (a) of subsection (3) of section
eighty;
“clerk of court” means a clerk of court attached to the appropriate magistrates court referred to in section
four;
“closure order” means an order referred to in subparagraph (ii) of paragraph (b) of section sixteen;
“control order” means a control order made in terms of section fifty-six;
“control summons” means a control summons issued in terms of section fifty-three;
“demolition order” means an order referred to in subparagraph (i) of paragraph (b) of section sixteen;
“Director of Physical Planning” means the person appointed as Director of Physical Planning in terms of section 63 of the Regional, Town and Country Planning Act [Chapter 29:12];
“dwelling” means a building used by persons wholly or partly for the purpose of habitation or sleeping;
downloaded from www.law.co.zw
“former provisional clearance area” means a provisional clearance area declared by a clearance notice which
has lapsed in terms of section seventy-eight;
“housing court” means a housing court referred to in section four;
“lessee” means a lessee other than a right holder of the land concerned;
“local planning authority” has the meaning given by section 2 of the Regional, Town and Country Planning
Act [Chapter 29:12];
“man-made structure” includes any tent or other shelter;
“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to
whom the President may, from time to time, assign the administration of this Act;
“occupation quota” means the maximum number of persons specified in terms of subparagraph (ii) of paragraph (a) of section forty-five;
“order” means a repair, demolition or closure order;
“overcrowded”, in relation to a dwelling, means that the number of occupants of the dwelling concerned is—
(a) considered by an authority; or
(b) determined by a housing court;
as the context may require, to be excessive by reference to section forty-three;
“owner”, in relation to any building, land or property affected by this Act, includes—
(a) the administrator or executor of a deceased estate; or
(b) the trustee or assignee of an insolvent or assigned estate; or
(c) the liquidator or judicial manager of a company which is being wound up or is under judicial
management; or
(d) in the case of any building, land or property—
(i) of an individual under a legal disability—
A. the legal representative of such individual; or
B. any person other than the legal representative referred to in subparagraph A having,
whether in an official or private capacity, the possession, disposal, control or management of such building, land or property;
or
(ii) subject to a usufruct, fideicommissum or other limited interest, the person having the
administration or control of such building, land or property;
“property” means a building affected by the provisions of this Act, together with the piece of land upon
which such building is situate;
“provisional clearance area” means an area declared to be a provisional clearance area in terms of subsection
(1) of section seventy-five;
“repair order” means an order referred to in paragraph (a) of section sixteen;
“responsible person” means—
(a) the person in immediate control; or
(b) the owner;
of a dwelling affected by Part IV;
“right holder” means the holder of any registered real right in or over any building, land or property affected
by this Act;
“stand” has the meaning given by section 2 of the Land Survey Act [Chapter 20:12];
“standard rate” means a rate of interest of not more than one per centum per annum above the current rate of
interest charged by the State in respect of loans to local authorities;
“summons” means a summons issued in terms of subsection (2) of section seventeen;
“unsatisfactory standard”, in relation to the condition of a building, means a standard which is—
(a) considered by an authority; or
(b) determined by a housing court;
as the context may require, to be unsatisfactory by reference to section twenty-three

3. Application of Act.

This Act shall apply to every authority area.

PART II. HOUSING COURTS

4. Housing courts.

Housing courts
(1) For the purposes of this Act, every magistrates court shall be a housing court for every authority area
within the area of jurisdiction of such magistrates court.
downloaded from www.law.co.zw
(2) In subsection (1)—
“magistrates court” means the court of a senior magistrate or a provincial magistrate.

5. Assessors

5 Assessors
(1) A housing court shall select from a list of persons nominated by the Minister responsible for justice—
(a) any person who has; or
(b) any two persons who have;
skill and experience in any matter which may have to be considered in the proceedings concerned to sit with it, in
an advisory capacity, as an assessor or assessors, as the case may be.
(2) An assessor referred to in subsection (1) shall be entitled to—
(a) a refund of such expenses; and
(b) such remuneration for his services;
as may be fixed by the Minister responsible for justice from moneys appropriated for the purpose by Act of Pa rliament.

6. Housing courts to be courts of record.

(1) A record of the proceedings of every housing court, including details of the decision and the reasons
therefor, shall be kept and filed with the clerk of court.
(2) The record kept and filed in terms of subsection (1) shall be accessible to the public and copies thereof
shall be obtainable upon like conditions and upon payment of the same fees as if they were civil records of a
magistrates court.

7. Proceedings to be in public.

The proceedings of a housing court shall be conducted in public.

8. Representation

At any hearing before a housing court, a party may appear—
(a) in person; or
(b) represented by a legal practitioner:
Provided that an authority may be represented by any member or employee of the authority.

9. Adjournments

A housing court may adjourn its proceedings for periods not exceeding twenty-one days at a time.

10. Summoning of witnesses and privileges thereof.

(1) A housing court shall have power to—
(a) summon witnesses; and
(b) call for the production of, and grant inspection of, books and documents; and
(c) examine witnesses on oath.
(2) A subpoena for the attendance of witnesses or the production of books and documents shall be—
(a) signed by the clerk of court; and
(b) served in the same manner as a subpoena for the attendance of a witness at a civil trial in a magistrates
court is served.
(3) Any person—
(a) subpoenaed to give evidence or to produce any book or document; or
(b) giving evidence;
before a housing court shall be entitled to the same privileges and immunities as if he were subpoenaed to attend
or were giving evidence at a civil trial in a magistrates court.

11. Witnesses failing to attend or refusing to be sworn or to give evidence.

(1) If any person who has been subpoenaed to give evidence or to produce any book or document before a
housing court fails to attend or to remain in attendance until duly excused by the housing court from further
attendance, the housing court may, if it is satisfied upon oath or by the return of the person charged with the
service of the subpoena that the subpoena was duly served upon such person, and if no sufficient excuse for such
failure seems to it to exist, issue a warrant signed by the housing court for the apprehension of such person, and
such person shall thereupon be apprehended by any police officer to whom such warrant is delivered and shall be
brought before the housing court to give his evidence or to produce the book or document.
(2) If any person who has been subpoenaed to give evidence or to produce any book or document before a
housing court refuses without sufficient excuse, the onus of proof whereof shall rest upon him, to be sworn as a
witness or, having been sworn, to answer fully and satisfactorily any question lawfully put to him, or to produce
any such book or document, the housing court may order that person to be removed and detained in custody, as if
he were a prisoner awaiting trial, until the rising of the housing court or until he sooner consents to do what is
required of him.
(3) Nothing in this section contained shall prevent the housing court from giving judgment in any case or
otherwise disposing of the same in the meantime according to any other sufficient evidence taken but, if such
downloaded from www.law.co.zw
judgment be given or the case be otherwise disposed of, any person committed to prison in terms of subsection (2)
shall thereupon be released.
(4) Any person referred to in subsection (1) or (2) shall be liable, in addition to being detained in custody in
terms of subsection (2), to be sentenced summarily by the housing court to pay a fine not exceeding level three or
to imprisonment for a period not exceeding one month or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(5) No person shall be bound to produce any document or thing not specified or otherwise insufficiently described in the subpoena unless he actually has it in the housing court.

12. Witness giving false evidence.

Any witness who, after being duly sworn, makes a false statement of fact material to any question under investigation before a housing court, knowing such statement to be false or not knowing or believing it to be true,
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not
exceeding two years or to both such fine and such imprisonment.
[Section as amended by Act No. 22 of 2001].

13. Contempt of housing court.

If any person wilfully insults a housing court or any assessor thereof during any sitting of the housing court or
wilfully interrupts the proceedings of the housing court or otherwise wilfully disturbs the peace or order of such
proceedings, the housing court may order the person to be removed and detained in custody until the rising of the
housing court and the person shall be liable, in addition to such removal and detention, to be sentenced summarily
by the housing court to a fine not exceeding level three or to imprisonment for a period not exceeding one month
or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001].

14. Costs.

(1) In determining any question referred to it, a housing court may make such order as to costs as it may
deem just.
(2) The costs referred to in subsection (1) shall be payable in accordance with—
(a) the scale of costs for the time being in use in a magistrates court in civil cases; or
(b) such scale of costs as the Minister responsible for justice may otherwise provide by statutory instrument.
(3) Any costs awarded by a housing court shall be taxed by the clerk of court in terms of subsection (2) and
the taxation of such costs shall be subject to appeal to the housing court.

15. Appeal from decision of housing court.

(1) Any party who is dissatisfied with any decision of a housing court may appeal against such decision to
the High Court within thirty days from the announcement by the housing court of such decision:
Provided that if, before the hearing commenced, the parties had lodged with the clerk of court an agreement
in writing that the decision of the housing court should be final, no appeal shall lie from such decision.
(2) Upon the hearing of the appeal, the High Court may, subject to this Act—
(a) confirm, vary, reverse or set aside the decision appealed from;
(b) remit the matter to the housing court concerned with instructions in regard to the taking of further
evidence or the setting out of further information;
(c) order the parties or any of them to produce at some convenient time before the Supreme Court such
further evidence as shall to it seem necessary or desirable;
(d) take any other course which may lead to the just, speedy and, as far as possible, inexpensive settlement
of the matter;
(e) make such order as to costs as it may deem just.
(3) The Chief Justice and the Judge President of the High Court, after consultation with a committee appointed by the Chief Justice, may make rules relating to the procedure of bringing matters on appeal to the High
Court in terms of this section:
Provided that, until such rules are made, the rules governing an appeal from a magistrates court in a civil case
shall, subject to subsection (1), apply, mutatis mutandis, and be followed.
(4) Rules made in terms of subsection (3) shall not have effect until they have been approved by the Minister
responsible for justice and published in statutory instrument.
[Section amended by section 10 of Act 9 of 1997].

PART III :REPAIR, DEMOLITION AND CLOSUREORDERS

16. 16 Authority may apply for repair, demolition or closure order

Where an authority considers that any building within its authority area is of an unsatisfactory standard and—
downloaded from www.law.co.zw
(a) can be raised or restored at a reasonable cost to a satisfactory standard, the authority may apply to a
housing court for a repair order; or
(b) cannot be raised or restored at a reasonable cost to a satisfactory standard, the authority may apply to a
housing court for—
(i) a demolition order; or
(ii) if the authority considers that the building should not be the subject of a demolition order, a
closure order.

17. Issue of summons.

(1) Where an authority wishes to apply to a housing court for an order, it shall apply in writing to the clerk of
court for the issue of a summons.
(2) Upon an application in terms of subsection (1), the clerk of court shall issue a summons in the prescribed
form calling upon the owner and any right holder of the building concerned to show cause at the time, upon the
date and at the place stated in the summons why the order should not be made:
Provided that the date stated in the summons shall not be—
(a) less than twenty-one days; or
(b) more than thirty days;
from the date of issue of the summons.

18. Contents of summons.

A summons shall set out—
(a) the nature of the order applied for; and
(b) a full description of the building concerned and the location thereof; and
(c) the grounds upon which the authority considers that the building concerned is of an unsatisfactory
standard; and
(d) in the case of an application for a repair order, the nature of the work required to be done in order to
raise or restore the building concerned to a satisfactory standard; and
(e) in the case of an application for a closure order, the grounds upon which the authority considers that the
building concerned should not be the subject of a repair order or a demolition order.

19. Service of summons.

Subject to this Part, a summons shall be served on the owner and any right holder of the building concerned
in the same manner as a subpoena for the attendance of a witness at a civil trial in a magistrates court is served.

20. Delivery of grounds of opposition.

Not less than four days before the date stated in the summons, the owner or any right holder of the building
concerned may, if he intends to show cause why an order should not be made—
(a) in the case of the owner, deliver to the clerk of court, the authority and any right holder;
(b) in the case of any right holder, deliver to the clerk of court, the authority and the owner;
copies of a written statement setting out his reasons for opposing the making of the order.

21. Inquiry to be held into application

(1) At the time, upon the date and at the place stated in the summons, the housing court shall, subject to su bsection (2), inquire into the application for an order.
(2) If—
(a) the owner; or
(b) any right holder;
of the building concerned or his representative fails to appear in compliance with the summons, the housing court
may—
(i) upon proof of service of the summons on the owner or right holder, as the case may be; or
(ii) upon proof that the owner or right holder, as the case may be, cannot be found by diligent
search;
proceed in terms of subsection (1) in his absence.

22. Making of order.

Having considered any evidence or argument tendered by the parties or requested by itself at the inquiry referred to in subsection (1) of section twenty-one, the housing court may—
(a) where it is satisfied that the building concerned is of an unsatisfactory standard, make the order applied
for or any other order; or
(b) refuse to make any order.

23. When building deemed to be of unsatisfactory standard.

A building shall be deemed to be of an unsatisfactory standard if the condition of the building—
(a) in respect of one or more of the following—
(i) repair;
downloaded from www.law.co.zw
(ii) stability;
(iii) internal arrangement;
(iv) means of escape from fire;
(v) natural and artificial lighting;
(vi) ventilation;
(vii) water supply;
(viii) personal washing facilities;
(ix) drainage and latrines;
(x) freedom from damp;
(xi) freedom from termite or other insect infestation;
(xii) in the case of a dwelling, facilities for—
A. the storage, preparation and cooking of food; and
B. the disposal of waste water;
(xiii) any contravention of the Public Health Act [Chapter 15:09] or regulations made thereunder;
(xiv) any factor other than those set out in subparagraphs (i) to (xiii) which, in the opinion of the
housing court, renders the building unhealthy or unsafe;
is so far defective that the building is not reasonably suitable for occupation in such condition; or
(b) in the case of a dwelling, fails to satisfy one or more of the minimum requirements set out in the First
Schedule

24. Contents of repair order.

A repair order—
(a) shall specify the building in respect of which the repair order is made; and
(b) may stipulate that the building concerned be vacated by all or any of its occupants—
(i) if the building is in a dangerous condition, forthwith; or
(ii) within a period of not less than thirty days;
until the building has been raised or restored to a satisfactory standard; and
(c) shall require the owner of the building concerned to do such work as may be specified in the repair order
for the purpose of raising or restoring such building to a satisfactory standard; and
(d) shall determine the period during which the work referred to in paragraph (c) shall be commenced and
completed.

25. Contents of demolition order.

A demolition order—
(a) shall specify the building in respect of which the demolition order is made; and
(b) may stipulate that the building concerned be vacated by all or any of its occupants—
(i) if the building is in a dangerous condition, forthwith; or
(ii) within a period of not less than thirty days;
and
(c) shall require the owner of the building concerned to demolish the building and remove from the site
thereof such materials and debris as may be specified in the demolition order; and
(d) shall determine the period during which the demolition and removal referred to in paragraph (c) shall be
commenced and completed.

26. Contents of closure order.

A closure order—
(a) shall specify the building in respect of which the closure order is made; and
(b) subject to paragraph (d), may stipulate that the building concerned be vacated by all or any of its occupants—
(i) if the building is in a dangerous condition, forthwith; or
(ii) within a period of not less than thirty days;
and
(c) shall require the owner of the building concerned to close such building in a specified manner; and
(d) shall determine the date, and the duration, of closure of the building concerned; and
(e) shall specify—
(i) the use or uses, if any, to which the building concerned may be put; and
(ii) the person or persons, if any, who may occupy the building concerned;
after the date, and during the duration, of closure thereof.

27. Criteria in making of order.

A housing court shall, in making an order, have regard to—
(a) the age, character, value and locality of the building concerned, including its architectural or historical
interest, if any;
downloaded from www.law.co.zw
(b) the cost of the work necessary to raise or restore the building concerned to a satisfactory standard and
the value of the building after the completion of such work;
(c) in the case of a dwelling, any proposal made by any of the parties that the dwelling concerned be used
for a purpose other than human habitation;
(d) whether or not it is desirable and feasible to make an order in respect of part only of the building concerned;
(e) in the case of a demolition order, any effect which the demolition of the building concerned may have
on any property or building adjacent thereto.

28. Order binding on successors in title.

An order shall be binding upon the owner of the building concerned and his successors in title.

29. Effect of order stipulating vacation.

(1) Where an order stipulates that the building in respect of which the order is made shall be vacated by all or
any of its occupants, no person, other than a person permitted in terms of the order to occupy the building, shall
enter or occupy the building during the period for which such vacation is stipulated without the permission of the
housing court.
(2) Any person who enters or occupies a building in contravention of subsection (1) shall be guilty of an o ffence 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.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(3) An order referred to in subsection (1) shall—
(a) have the same effect in relation to an occupant required to vacate the building concerned as an order for
ejectment made by a magistrates court against such occupant; and
(b) be enforceable at the instance of the authority

30. Persons on whom copy of order shall be served.

(1) A copy of every order shall be served by the clerk of the court on—
(a) the authority; and
(b) the Registrar of Deeds; and
(c) the owner and any right holder of the building concerned.
(2) Upon receipt of the copy referred to in subsection (1), the Registrar of Deeds shall note the contents of
the order concerned in his registers in respect of the property concerned and on the title deed of the property:
Provided that, if at any time the owner’s copy of such deed is lodged with the Registrar of Deeds for any purpose, the Registrar of Deeds shall make a note on the copy to the same effect.

31. Certificate of compliance with order.

(1) Where a repair order or a demolition order has been complied with by the owner of the building concerned, the authority shall serve on—
(a) the clerk of court; and
(b) the Registrar of Deeds;
a certificate to that effect:
Provided that, if—
(a) such owner considers that he has complied with the order; and
(b) the authority has not served such certificate;
such owner may apply to the housing court for a direction that such certificate be served.
(2) Upon receipt of the certificate referred to in subsection (1), the Registrar of Deeds shall cancel the note
made by him in terms of subsection (2) of section thirty.

32. Variation, revocation or replacement of order.

(1) After the expiration of six months from the date on which an order was made and from time to time—
(a) the owner or any right holder of the building concerned; or
(b) the authority;
may, after having given the other party or parties to the proceedings in which the order was made seven days’
written notice of his or its intention to do so, apply in the prescribed form to the housing court for the order to be
varied, revoked or replaced by a different order.
(2) Upon an application made in terms of subsection (1), the housing court may, after having taken into account the representations, if any, of the applicant and the other party or parties referred to in that subsection—
(a) if it considers that the circumstances in which the order was made have since changed, vary or revoke
the order or substitute a different order for the order; or
(b) refuse the application.
(3) Where a housing court has, in terms of paragraph (a) of subsection (2), varied or revoked an order or substituted a different order for an order, the clerk of court shall notify the Registrar of Deeds in writing of the variadownloaded from www.law.co.zw
tion, revocation or substitution, as the case may be, and the Registrar of Deeds shall alter or cancel the note made
by him in terms of subsection (2) of section thirty accordingly.

33. Failure to comply with order an offence.

(1) Any owner of a building who fails to comply with—
(a) a stipulation made in terms of paragraph (b); or
(b) a requirement made in terms of paragraph (c); or
(c) a determination made in terms of paragraph (d);
of section twenty-four, twenty-five or twenty-six, as the case may be, in relation to the building of which he is the
owner 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.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(2) Any owner of a building who fails to comply with a specification made in terms of paragraph (e) of section twenty-six in relation to the building of which he is the owner 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.
[Subsection as amended by section 4 of Act No. 22 of 2001]

34. Authority may carry out order and recover cost thereof.

(1) If the owner of a building in respect of which an order has been made fails to comply with the order, the
authority may—
(a) in the case of a repair order, do the work; or
(b) in the case of a demolition order, carry out the demolition and removal; or
(c) in the case of a closure order, close the building concerned in the manner;
specified in such order.
(2) Where an authority has acted in terms of subsection (1), it may recover the cost of such action, together
with interest on such cost at the standard rate, by doing one or more of the following—
(a) proceeding in a competent court against the owner of the building concerned; or
(b) directing—
(i) that the whole or any portion of the amount of such cost and interest be paid to the authority
from rent in respect of the property concerned by—
A. any person receiving such rent on behalf of the owner of the property concerned:
Provided that such person may, before making payment to the authority, deduct from
such rent the amount of any commission or reward bona fide payable to such person in
consideration of the receipt of such rent on behalf of the owner of the property concerned;
or
B. any person paying such rent to—
I. the owner of the property concerned; or
II. a person referred to in subparagraph A;
or
(ii) that the Registrar of Deeds make entries in his registers and an endorsement on the registry
duplicate of the title deed of the property concerned, which entries and endorsement shall constitute a hypothecation of such property—
A. in favour of the authority, ranking from the date on which such entries and endorsement
were made; and
B. for the whole or any portion of the amount of such cost and inte rest:
Provided that, if at any time the owner’s copy of such deed is lodged with the Registrar of
Deeds for any purpose, the Registrar of Deeds shall endorse such copy to the same effect;
or
(c) except in the case of a building which is the subject of a closure order, taking possession of the property
concerned and selling such property by public auction; or
(d) where materials and debris have resulted from such action, selling such materials and debris by public
auction or otherwise.
(3) The Registrar of Deeds shall not pass transfer of any property hypothecated in terms of subparagraph (ii)
of paragraph (b) of subsection (2) unless he receives—
(a) a written request by the authority for the cancellation of such hypothecation; or
(b) a written agreement—
(i) signed by the authority and the transferee; and
(ii) stating that any sums due and unpaid in respect of the cost and interest referred to in that paragraph, together with interest on such sums at the standard rate, shall remain and be registered as
a charge against such property after transfer has been passed.
downloaded from www.law.co.zw
(4) Notwithstanding anything contained in this section, where—
(a) the building concerned is the subject of a repair order; and
(b) a direction has been made in terms of paragraph (b) of subsection (2);
the claim of the authority to the whole or any portion, as the case may be, of the cost and interest referred to in
paragraph (b) of subsection (2) shall rank in priority to any claim or charge of any right holder of the property
concerned against—
(i) the rent referred to in subparagraph (i) of that paragraph; or
(ii) the property concerned.

35. Rent not payable where building vacated.

Notwithstanding anything contained in any law, no occupant of a building who—
(a) pays rent in respect of such occupation; and
(b) is required in terms of an order to vacate the building for a definite or indefinite period;
shall be liable to pay rent in respect of the period referred to in paragraph (b).

PART IV
ABATEMENT OF OVERCROWDING.

36. Authority may apply for abatement order.

Authority may apply for abatement order

37. Issue of abatement summons.

(1) Where an authority wishes to apply to a housing court for an abatement order, it shall apply in writing to
the clerk of court for the issue of an abatement summons.
(2) Upon an application in terms of subsection (1), the clerk of court shall issue an abatement summons in
the prescribed form calling upon the responsible person of the dwelling concerned to show cause at the time, upon
the date and at the place stated in the abatement summons why the abatement order should not be made:
Provided that the date stated in the abatement summons shall not be—
(a) less than twenty-one days; or
(b) more than thirty days;
from the date of issue of the abatement summons

38. Contents of abatement summons.

An abatement summons shall set out—
(a) a full description of the dwelling concerned and the location thereof; and
(b) the grounds upon which the authority considers that the dwelling concerned is overcrowded; and
(c) the maximum number of

39. Service of abatement summons.

Subject to this Part, an abatement summons shall be served on the responsible person of the dwelling concerned in the same manner as a subpoena for the attendance of a witness at a civil trial in a magistrates court is
served.

40. Delivery of grounds of opposition.

Not less than four days before the date stated in the abatement summons, the responsible person may, if he intends to show cause why an abatement order should not be made, deliver to the clerk of court and to the authority
copies of a written statement setting out his reasons for opposing the making of the abatement order.

41. Inquiry to be held into application.

(1) At the time, upon the date and at the place stated in the abatement summons, the housing court shall, subject to subsection (2), inquire into the application for an abatement order.
(2) If the responsible person or his representative fails to appear in compliance with the abatement summons,
the housing court may—
(a) upon proof of service of the abatement summons on the responsible person; or
(b) upon proof that the responsible person cannot be found by diligent search;
proceed in terms of subsection (1) in his absence.

42. Making of abatement order.

Having considered any evidence or argument tendered by the parties or requested by itself at the inquiry referred to in subsection (1) of section forty-one, the housing court may—
(a) where it is satisfied that the dwelling concerned is overcrowded, make an abatement order; or
(b) refuse to make an abatement order.

43. When dwelling deemed to be overcrowded.

A dwelling shall be deemed to be overcrowded if—
(a) the number of persons sleeping in the dwelling is such that any two of such persons—
(i) being persons ten years or more of age of opposite sex; and
(ii) not being persons living together as husband and wife;
must sleep in the same room; or
(b) it fails to satisfy one or more of the minimum requirements set out in the Second Schedule

44. Persons on whom copy of abatement order shall be served.

A copy of every abatement order shall be served by the clerk of court on—
(a) the authority; and
(b) the responsible person.

45. Contents of abatement order.

An abatement order shall—
(a) specify—
(i) the dwelling in respect of which the abatement order is made; and
(ii) the maximum number of persons permitted to occupy the dwelling referred to in subparagraph
(i);
and
(b) require the responsible person to ensure that—
(i) the total number of persons occupying the dwelling concerned is reduced to the occupation
quota within the period specified in terms of subsection (2) or proviso (i) to subsection (3), as
the case may be, of section forty-seven; and
(ii) the occupation quota is not exceeded at any time after the expiry of the appropriate period
referred to in subparagraph.

46. Abatement order binding on successors in title.

An abatement order shall be binding upon the owner of the dwelling concerned and his successors in title.

47. Names of persons required to vacate dwelling to be listed.

(1) Where an abatement order has been made in respect of a dwelling, the responsible person shall—
(a) within a period of seven days from the date when the abatement order was made; and
(b) after the expiry of the period referred to in paragraph (a), within a period of seven days from the date
upon which he is requested in writing by the authority to do so;
determine which persons he will require to vacate the dwelling in order to reduce the total number of persons
occupying the dwelling to the occupation quota and submit to the authority a list of the names of such persons:
Provided that, if the responsible person—
(a) fails to submit such list; or
(b) submits such list in an incomplete state;
within the period referred to in paragraph (a) or (b), as the case may be, of this subsection, the authority shall itself
prepare or complete such list.
(2) Upon—
(a) receipt of a list submitted in terms of subsection (1); or
(b) the preparation or completion of a list in terms of the proviso to subsection (1);
as the case may be, the authority shall serve written notice on the persons whose names appear on such list that
they are required to vacate the dwelling concerned within a specified period, which shall not be less than thirty
days from the date of such service.
(3) The determination referred to in subsection (1) may from time to time be changed by agreement between
the responsible person and the authority, in which event the list referred to in that subsection shall be changed
accordingly:
Provided that—
(i) the authority shall serve written notice on the persons whose names appear on such list that they are
required to vacate the dwelling concerned within a specified period, which shall not be less than thirty
days from the date of such service;
(ii) no such change shall have the effect of causing the occupation quota of the dwelling concerned to be
exceeded.
(4) An abatement order shall—
(a) have the same effect in relation to a person whose name appears on a list—
(i) referred to in subsection (1); or
(ii) changed in terms of subsection (3);
as an order for ejectment made by a magistrates court against such person; and
downloaded from www.law.co.zw
(b) be enforceable at the instance of the authority.
(5) Any person whose name appears on a list—
(a) referred to in subsection (1); or
(b) changed in terms of subsection (3);
and who, after the expiry of the period specified in terms of subsection (2) or proviso (i) to subsection (3)—
(i) continues to occupy the dwelling concerned; or
(ii) by resuming occupation of the dwelling referred to in subparagraph (i), causes the occupation
quota of such dwelling 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.
[Subsection as amended by section 4 of Act No. 22 of 2001]

48. Variation or revocation of abatement order.

(1) After the expiration of six months from the date on which an abatement order was made and from time to
time, the authority or the responsible person may, after having given the responsible person or the authority, as the
case may be, seven days’ written notice of his intention to do so, apply in the prescribed form to the housing court
for the abatement order to be varied or revoked.
(2) Upon an application made in terms of subsection (1), the housing cou rt may, after having taken into account the representations, if any, of the authority and the responsible person—
(a) if it considers that the circumstances in which the abatement order was made have since changed, vary
or revoke the abatement order; or
(b) refuse the application.

49. Failure to comply with abatement order an offence.

Any responsible person of a dwelling which is the subject of an abatement order who fails to—
(a) comply with a requirement made in terms of paragraph (b) of section forty-five; or
(b) submit a list to the authority in terms of subsection (1) of section forty-seven;
in relation to such dwelling 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.
[Subsection as amended by section 4 of Act No. 22 of 2001]

50. Rent not payable where dwelling vacated.

Notwithstanding anything contained in any law, no occupant of a dwelling who—
(a) pays rent in respect of such occupation; and
(b) is required in terms of an abatement order to vacate the dwelling for a definite or indefinite period;
shall be liable to pay rent in respect of such period.

51. Application of this Part.

A control order shall not prohibit the use of any premises for any purpose for which those premises are authorized to be used in terms of the Regional, Town and Country Planning Act [Chapter 29:12] and no application
shall be made or entertained for any such control order.

52. Application for control order.

(1) Where an authority or any resident of an authority area considers that the owner or occupier of residential
premises in the authority area—
(a) is using or occupying or permitting the use or occupation of the premises in a manner which; or
(b) is carrying on or permitting the carrying on of any activity in respect of the premises which or in a
manner which;
is having or is likely to have a harmful effect upon the general standard, character or amenity of the neighbourhood in which the premises are situated or is causing or is likely to cause undue interfe rence with the rights of the
residents thereof, the authority or resident concerned may apply to the housing court for a control order.
(2) A resident of an authority area may request the authority concerned to apply for a control order and if a fter investigating the matter the authority considers that grounds exist for a control order the authority shall apply
therefor:
Provided that the failure or refusal by an authority to apply for a control order following upon a request in
terms of this subsection shall not preclude the resident concerned or any other resident from applying for a control
order.

53. Issue of control summons.

(1) An authority which or resident who wishes to apply for a control order shall lodge with the clerk of court
three copies of an application in writing therefor setting out—
downloaded from www.law.co.zw
(a) a full description of the premises concerned; and
(b) the grounds upon which the application is based.
(2) The clerk of court shall upon an application being lodged with him in terms of subsection (1) by—
(a) an authority—
(i) issue a control summons to the owner or occupier of the premises concerned calling upon him to
show cause before the housing court on a date to be specified therein why a control order should
not be made and shall attach to such control summons a copy of the relevant application lodged
in terms of subsection (1);
(ii) submit a copy of the control summons to the authority;
(b) a resident—
(i) submit a copy of the application lodged in terms of subsection (1) to the authority concerned
requesting it to lodge with him three copies of a report upon the application;
(ii) on receipt of a report in terms of subparagraph (i) from the authority concerned, issue a control
summons to the owner or occupier of the premises concerned calling upon him to show cause
before the housing court on a date to be specified in the summons why a control order should not
be made and shall attach to such control summons a copy of the application lodged in terms of
subsection (1) and a copy of the report lodged in terms of subparagraph (i);
(iii) submit a copy of the control summons to the applicant with a copy of the report lodged in terms
of subparagraph (i);
(iv) submit a copy of the control summons to the authority concerned.
(3) A control summons shall be served in the same manner as a subpoena for the attendance of a witness in a
civil trial in the magistrates court is served.

54. Delivery of grounds of opposition.

Not less than four days before the date of the inquiry specified in a control summons
the owner or occupier of the premises concerned shall, if he intends to show cause
why a control order should not be made, lodge with the clerk of court and deliver to
the applicant for the control order copies of a written statement setting out his reasons
for opposing the making of the control order:
Provided that a housing court may, on good cause shown, grant an adjournment of the
inquiry to enable an owner or occupier to comply with this section or may exempt
such person from the requirement to comply therewith.

55. Inquiry to be held into application.

(1) On the date specified in a control summons the housing court shall, subject to this
Part, inquire into the application for a control order.
(2) If the owner or occupier of the premises concerned or his representative fails to
appear in compliance with a control summons the housing court may upon proof—
(a) of service of the control summons; or
(b) that the owner or occupier concerned cannot be found by diligent
search;
proceed with the inquiry in his absence.

56. Making of control order.

Having considered any evidence tendered by the parties or requested by itself at an
inquiry referred to in subsection (1) of section fifty-five and after making any further
inquiry, investigation or inspection it deems fit, the housing court may, subject to this
Part—
(a) if it considers that the owner or occupier of the premises concerned
is—
(i) using or occupying or permitting the use or occupation of the
premises concerned in a manner which; or
(ii) carrying on or permitting the carrying on of any activity in respect of
the premises which or in a manner which;
is referred to in subsection (1) of section fifty-two, make a control
order directing the owner or occupier of the premises concerned to take such
measures within such period as may be specified in the control order to remedy the
situation; or
(b) refuse to make a control order.

57. Factors determining making of control order.

In determining whether or not to issue a control order the housing court shall have
regard, inter alia, to—
(a) the normal type of household that uses or occupies premises in the
neighbourhood concerned, with particular reference to the members and relationship
of the members thereof, and where the premises concerned are used or occupied by
any different such type of household;
(b) the normal number of persons who use or occupy premises in the
neighbourhood as guests, lodgers and servants, and where the premises concerned are
used or occupied by any different such number of persons;
(c) the general state of repair of premises in the neighbourhood, and
where the premises concerned do not comply with such general state of repair;
(d) the normal type of activity that is carried out with respect to premises
in the neighbourhood and where in respect of the premises concerned any different
such activity is being carried out;
( f ) the normal use to which premises in the neighbourhood are put and
where the premises concerned are being put to any different such use;
whether any such factor has or is likely to have any harmful effect on the general
standard, character or amenity of the neighbourhood or is or is likely to cause any
undue interference with the rights of the residents thereof.

58. Factors determining measures to be taken under control order.

(1) In determining the measures required to be taken in terms of a control order the
housing court shall endeavour, so far as may be possible, by the issue of its order, to
preserve the general standard, character and amenity of the neighbourhood and to
prevent undue interference with the rights of the residents thereof.
(2) Without derogation from the generality of subsection (1), a control order may
direct the owner or occupier of the premises concerned—
(a) not to permit more than a specified number of persons to use or
occupy the premises concerned;
(b) not to permit more than a specified number of relatives, guests,
lodgers or servants to use or occupy the premises concerned;
(c) to take such steps as may be specified in the order relating to the state
of repair of the premises concerned;
(d) not to carry out or permit the carrying out of any specified activity in
respect of the premises concerned;
(e) not to use or permit the use of the premises for any specified purpose.

59. Persons on whom copy of control order shall be served.

A copy of every control order shall be served by the clerk of court on—
(a) the authority concerned; and
(b) the owner or occupier of the premises concerned.

60. Control order binding on successors in title.

A control order shall be binding upon the owner or occupier of the premises
concerned and his successors in title.

61. Names of persons required to vacate premises to be listed.

(1) Where a control order has specified a maximum number of persons who may use
or occupy the premises concerned, the owner or occupier of the premises concerned
shall, within seven days of the date of the service of the order, determine which
persons who are using or occupying the premises he will require to vacate the
premises in order not to exceed the maximum number and he shall submit that list to
the authority within whose area the premises concerned are situated:
Provided that if such owner or occupier fails to submit such list within the aforesaid
period the authority shall itself prepare such list.
(2) Upon receipt of a list submitted in terms of subsection (1) or upon the preparation
of a list in terms of the proviso to that subsection, as the case may be, the authority
shall serve written notice on the persons whose names appear on the list stating that
they are required to vacate the premises concerned within a specified period which
shall not be more than forty-five days from the date of such service.
(3) A list referred to in subsection (1) may from time to time be changed by
agreement between the owner or occupier and the authority concerned:
Provided that—
(i) the authority shall serve written notice on the persons whose names
appear on such amended list that they are required to vacate the premises concerned
within a specified period which shall not be more than forty-five days from the date
of such service;
(ii) no such change shall have the effect of causing the maximum number
of persons who may occupy the premises in terms of the control order to be exceeded.
(4) A control order referred to in subsection (1) shall—
(a) have the same effect in relation to a person whose name appears on
the list referred to in subsection (1) or which has been changed in terms of subsection
(3) 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.

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.

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—
(i) been adjudged or otherwise declared insolvent or bankrupt and has not
been rehabilitated or discharged; or
(ii) made an assignment to, or arrangement with, his creditors which has
not been rescinded or set aside;
or
(b) has, within the period of five years immediately preceding the date of
his proposed appointment, been convicted—
(i) within Zimbabwe of a criminal offence; or
(ii) outside Zimbabwe of an offence by whatever name called which, if
committed within Zimbabwe, would have been a criminal offence;
and sentenced by a court to imprisonment for a period of six months or
more without the option of a fine, whether or not such sentence has been suspended,
and has not received a free pardon; or
(c) has, or is married to a person who has, an interest in the outcome of
the inquiry of the board which interest, in the opinion of the Minister, is likely to
interfere with the impartial discharge by such member of the duties of his office; or
(d) is a member or employee of the authority concerned.
(3) Any member of a board who would, but for the fact that he has already been
appointed a member of the board concerned, have become disqualified in terms of
subsection (2), shall vacate his office and his office shall become vacant.
(4) Members of a board and their assistants and advisers shall be paid from the funds
of the authority concerned such fees and expenses as the Minister may fix.

69. Procedure of board.

(1) The quorum of a board shall be the three members thereof.
(2) At any meeting of a board, all the members shall vote on any matter to be decided
by the board and all decisions shall be reached by the vote of the majority of the
members:
Provided that—
(a) any matter of law arising for decision at a meeting of the board; and
(b) any question arising at a meeting of the board as to whether a matter
for decision is a matter of fact or a matter of law;
shall be decided by the chairman of the board and no other member of the board shall
have a voice in the decision on any such matter.
(3) At any meeting of a board—
(a) any person referred to in paragraph (c) of subsection (1) of section
seventy-six may—
(i) appear personally; or
(ii) be represented by any—
A. person nominated by him in writing for the purpose; or
B. a legal practitioner;
(b) an authority may be represented by any—
(i) member or employee of the authority:
Provided that no employee of the authority who has been appointed
to assist the board may represent the authority; or
(ii) a legal practitioner.
(4) It shall be lawful for a board—
(a) to hear and receive evidence upon oath, which oath the board is
hereby empowered to administer; and
(b) by summons under the hand of the chairman of the board, to require
such persons as the board may think fit—
(i) to appear personally before the board at a time and place to be stated
in such summons; and
(ii) to produce such books and papers as may be necessary for the inquiry
of the board.
(5) The procedure to be followed by a board in the conduct of its meetings and of its
inquiry generally shall be determined by the board.

70. Statement given to board not admissible in evidence.

A statement given by any person to a board under any provisions of this Part shall not
be admissible in evidence in any court of law, except with the consent of all persons
affected thereby or for the purpose of prosecution under subsection (1), (2), (3) or (4)
of section seventy-three.

71. Members and employees of authority to supply information to board.

Every member or employee of the authority shall, when requested to do so, submit to
a board all the information in his possession and produce to the board and give the
board access to all books, documents, records, accounts and other sources of
information of the authority.

72. Members, assistants and advisers of board to have access to or over property.

The members of a board, together with such assistants and advisers as may be
necessary, shall for the purposes of the inquiry of the board have access at all
reasonable times to or over any property by the shortest and most practicable route
reasonable in the circumstances.

73. Offences in relation to inquiry of board.

(1) Any member or employee of an authority who—
(a) refuses or fails to answer to the best of his ability any lawful question
put to him by, or wilfully makes any false statement to, a board; or
(b) refuses or fails to comply to the best of his ability with any lawful
requirement made by a board;
in the exercise of its powers or the execution of its duties under this Part, shall be
guilty of an offence.
(2) Any person who—
(a) threatens, resists, hinders or obstructs, or uses foul, abusive or
insulting language towards, or at, a board while the board is exercising its powers or
executing its duties under this Part; or
(b) falsely holds himself out to be a member of a board; or
(c) without lawful excuse, having been summoned under paragraph (b) of
subsection (4) of section sixty-nine—
(i) refuses or fails to attend or to produce books or papers in obedience to
the summons; or
(ii) having so attended, refuses to be examined upon oath or to take the
oath; or
(iii) having taken the oath, refuses to answer such questions as are
lawfully put to him;
shall be guilty of an offence.
(3) Any person who, having taken an oath under paragraph (a) of subsection (4) of
section sixty-nine, makes a false statement of fact material to any question under
investigation by a board, knowing such statement to be false or not knowing or
believing it to be true, shall be guilty of an offence and liable to a fine not exceeding
two thousand dollars or to imprisonment for a period not exceeding three years or to
both such fine and such imprisonment.
(4) Any member or employee referred to in section seventy-one who fails to comply
with that section shall be guilty of an offence.
(5) A conviction for an offence in terms of this section shall not exempt the person
convicted from liability to do or perform the act, matter or thing required to be done
or performed by him.

74. Authority to meet expenses of, and provide facilities for, inquiry conducted by board.

Subject to subsection (4) of section sixty-eight the authority shall meet the whole cost
of the inquiry conducted by a board and shall provide the board with such staff,
accommodation and other facilities as may reasonably be required by the board for
the purposes of such inquiry.

75. Declaration of provisional clearance area and publication and service of clearance notice.

(1) The authority shall, as soon as may be after the date of appointment of a board by
notice in the Gazette, declare the area outlined and described in terms of paragraph
(a) of subsection (2) of section sixty-six to be a provisional clearance area.
(2) Copies of a clearance notice shall be—
(a) published once a week for two consecutive weeks, commencing one
week after the date on which the clearance notice was published in the Gazette, in a
newspaper circulating in the locality of the provisional clearance area; and
(b) served on—
(i) every owner or right holder of land within the provisional clearance
area; and
(ii) the Director of Physical Planning and the appropriate local planning
authority.

76. Contents of clearance notice.

(1) A clearance notice shall—
(a) list every stand within the provisional clearance area; and
(b) state that—
(i) a plan—
A. outlining the provisional clearance area; and
B. showing every stand referred to in paragraph (a);
is available for inspection at a specified place and at specified times;
and
(ii) a board has been appointed to inquire into and report to the Minister
on whether or not a clearance warrant authorizing the authority to acquire by
agreement or, in default of agreement, expropriation every stand referred to in
paragraph (a) should be granted; and
(iii) information concerning the declaration of the provisional clearance
area may be obtained at the place and times specified in terms of subparagraph (i);
and
(c) call upon any owner, right holder or lessee of land within or adjacent
to the provisional clearance area who wishes to do so to submit within a period of
sixty days from the date of publication of the clearance notice in the Gazette—
(i) written representations or a written application to give oral evidence
and argument; or
(ii) both the representations and application referred to in subparagraph
(i);
to the board at an address specified in such notice; and
(d) advise that the Minister may, having considered the report of the
board and any representations made by the authority, authorize the authority to
acquire by agreement or, in default of agreement, expropriation all or some of the
stands within the provisional clearance area; and
(e) draw attention to section seventy-seven.
(2) The board shall, on the expiry of the period referred to in paragraph (c) of
subsection (1), notify in writing any owner, right holder or lessee referred to in that
paragraph who has submitted a written application to give oral evidence and
argument of the place and time at which the board will hear and receive such
evidence and argument.

77. Effect of clearance notice.

While a clearance notice remains in force in terms of section seventy-eight, no person
shall—
(a) subdivide or apply for a permit to subdivide in terms of Part VI of the
Regional, Town and Country Planning Act [Chapter 29:12]; or
(b) construct permanent improvements or continue such construction in or
on;
any land within the provisional clearance area concerned without the permission in
writing of the authority.

78. Duration of clearance notice and payment of compensation to persons suffering loss as result thereof.

(1) A clearance notice shall lapse upon the expiry of a period of one year from the
date of publication of the clearance notice in the Gazette:
Provided that the Minister may, on good cause shown by the authority, extend such
period by—
(a) a further period not exceeding six months; or
(b) further periods not exceeding in aggregate six months.
(2) Notwithstanding anything contained in subsection (1), a clearance notice which
has not yet lapsed in terms of that subsection shall lapse—
(a) in respect of any stand which is the subject of a preliminary notice
published in terms of section 5 of the Land Acquisition Act [Chapter 20:10], upon the
date of such publication;
(b) where a clearance warrant is granted, two months after the date of
publication of the clearance warrant in the Gazette:
Provided that the clearance notice concerned shall lapse upon such
date of publication in respect of any stand which is not included within the clearance
area concerned;
(c) upon the withdrawal of the clearance notice by the authority.
(3) Where the period referred to in subsection (1) is extended in terms of the proviso
to that subsection, the authority shall—
(a) notify the Director of Physical Planning and the appropriate local
planning authority in writing of such extension; and
(b) give notice of such extension in the Gazette; and
(c) publish a copy of the notice referred to in paragraph (b) once a week
for two consecutive weeks, commencing one week after the date on which such
notice was given in terms of that paragraph, in a newspaper circulating within the
locality of the provisional clearance area concerned; and
(d) serve on every owner or right holder of land within the provisional
clearance area a copy of the notice referred to in paragraph (b).
(4) Where a clearance notice has lapsed in terms of subsection (1) or (2), the authority
shall—
(a) notify in writing—
(i) the Minister of such lapse; and
(ii) the Director of Physical Planning or the appropriate planning
authority of every stand affected by such lapse;
and
(b) give notice of such lapse in the Gazette; and
(c) publish a copy of the notice referred to in paragraph (b) once a week
for two consecutive weeks, commencing one week after the date on which notice was
given in terms of that paragraph, in a newspaper circulating within the locality of the
former provisional clearance area concerned; and
(d) serve a copy of the notice referred to in paragraph (b) on every owner
or right holder of land within the former provisional clearance area concerned.
(5) Where a clearance notice has lapsed in terms of subsection (1) or (2), the authority
shall pay compensation to any owner or right holder of land within the former
provisional clearance area who has suffered loss as a result of the operation of such
clearance notice and Parts V and VIII of the Land Acquisition Act [Chapter 20:10]
shall apply, mutatis mutandis, to such payment as if—
(a) the authority were an acquiring authority; and
(b) the lapse of such clearance notice were the withdrawal in terms of
paragraph (b) of subsection (4) of section 5 of that Act of a preliminary notice;
referred to in that Act.

79. Impairment of land in provisional clearance area an offence.

Any person who, while a clearance notice remains in force, demolishes, damages or
in any other manner impairs any land within the provisional clearance area or any
right in such land without the written permission of the authority, otherwise than in
the exercise of rights acquired in terms of the Mines and Minerals Act [Chapter
21:05], shall be guilty of an offence and liable to a fine not exceeding two thousand
dollars or to imprisonment for a period not exceeding three years or to both such fine
and such imprisonment.

80. Submission by board of report and summary of representations and procedure for grant of clearance warrant.

(1) A board shall, within a period of six months from the date of publication in the
Gazette of the clearance notice concerned, submit—
(a) its report and a summary of the representations made to it to the
Minister; and
(b) a copy of the report and summary referred to in paragraph (a) to the
authority:
Provided that the Minister may, on good cause shown by the board, extend such
period by—
(a) a further period not exceeding six months; or
(b) further periods not exceeding in aggregate six months.
(2) Within a period of three months from the date of submission of the report and
summary referred to in subsection (1), the authority shall, while the clearance notice
concerned remains in force—
(a) apply in writing to the Minister for a clearance warrant and attach to
such application its observations, if any, on such report and summary; or
(b) withdraw such clearance notice in terms of paragraph (c) of subsection
(2) of section seventy-eight:
Provided that the Minister may, on good cause shown by the authority, extend such
period by—
(a) a further period not exceeding three months; or
(b) further periods not exceeding in aggregate three months.
(3) The Minister may, if the clearance notice concerned remains in force—
(a) subject to such conditions, if any, as he may think fit to impose, grant
a clearance warrant authorizing the authority to acquire such stands within the
provisional clearance area as may be specified in the clearance warrant by agreement
or, in default of agreement, by expropriation; or
(b) refuse the application made in terms of paragraph (a) of subsection
(2);
and notify the authority in writing accordingly.
(4) Upon receiving notification in terms of subsection (3), the authority shall—
(a) if the Minister has granted a clearance warrant, publish a copy
thereof—
(i) forthwith in the Gazette; and
(ii) once a week for two consecutive weeks, commencing one week after
the date on which publication was made in terms of subparagraph (i), in a newspaper
circulating in the locality of the clearance area;
or
(b) if the Minister has refused the application made in terms of paragraph
(a) of subsection (2), forthwith withdraw the clearance notice concerned in terms of
paragraph (c) of subsection (2) of section seventy-eight.
(5) Parts III, V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply,
mutatis mutandis, to an authorization to acquire land by expropriation referred to in
paragraph (a) of subsection (3).

81. Cancellation of general plan representing public places.

(1) Notwithstanding sections 46 and 47 of the Land Survey Act [Chapter 20:12] and
subject to Part II of the Roads Act [Chapter 13:12], the Minister may, after
consultation with the Minister to whom the administration of the first-mentioned Act
has been assigned, direct the Surveyor-General to cancel a general plan or any portion
thereof representing public places included in a clearance area.
(2) In subsection (1)—
“public places” has the meaning given by section 2 of the Land Survey Act [Chapter
20:12].

PART VII: GENERAL

82. Dangerous buildings.

(1) Notwithstanding anything contained in this Act, an authority may, if it is satisfied
that—
(a) any building is—
(i) in a dangerous condition; or
(ii) being used in a dangerous manner;
and
(b) it is necessary for immediate action to be taken for the protection of
persons using, or in the vicinity of, the building referred to in paragraph (a);
shore up, fence, demolish or close the building referred to in paragraph (a) and
recover the cost of such action, together with interest on such cost at the standard rate,
in the manner provided in subsection (2) of section thirty-four.
(2) An authority shall, in taking action in terms of subsection (1), give such notice of
its intention to take such action to the owner and any right holder of the building
concerned as may be practicable in the circumstances.

83. Duty of occupant to disclose information to authority.

(1) Any occupant of a building shall, at the request of an authority, disclose to the
authority any information in his possession concerning the name, address and
whereabouts of the owner, any right holder or the responsible person, as the case may
be, of the building.
(2) Any occupant who fails to comply with subsection (1) shall be guilty of an
offence.

84. Authority to have all necessary powers.

Subject to this Act, an authority shall have the power to do all things necessary for, or
incidental to, the implementation of this Act, including the power to borrow, raise and
expend moneys:
Provided that the enactment in terms of which an authority is constituted, relating to
the power to borrow, raise or expend moneys, shall apply, mutatis mutandis, to the
borrowing, raising and expenditure of moneys by the authority for the purposes of
this Act.

85. President may amend First and Second Schedules.

The President may, by statutory instrument, add to, amend or replace the whole or
any part of the First or Second Schedule.

86. Absence of alternative accommodation.

(1) Notwithstanding any provisions of this Act, no order, abatement order or control
order shall be invalid, and no person shall be excused from compliance therewith, by
reason only that suitable alternative accommodation is not available for any person
required to vacate the building or premises concerned.
(2) An authority shall not be liable to provide an occupant of a building or premises
with alternative accommodation, notwithstanding that the authority may have
informed such occupant of the availability of such accommodation.

87. Power to enter and inspect buildings.

(1) Any—
(a) housing court or assessor; or
(b) member, assistant or adviser of a board;
may at all reasonable times enter and inspect any building which is the subject of
proceedings before a housing court or is within the provisional clearance area
concerned, as the case may be.
(2) Any member or employee of an authority authorized in writing by the authority to
do so may at all reasonable times enter and inspect any building which, on reasonable
grounds, he suspects to be of an unsatisfactory standard or overcrowded.
(3) The powers referred to in subsections (1) and (2) may be exercised, mutatis
mutandis, in relation to proceedings for a control order or, as the case may be, for the
purpose of investigating premises in regard to which there is reasonable grounds for
believing that it might form the subject of a control order:
Provided that this subsection shall not be construed as conferring any right to enter or
search any dwelling-house without the consent of the occupant thereof.
(4) Any person who—
(a) obstructs or hinder any person referred to in subsection (1), (2) or (3)
in the exercise of his powers or the carrying out of his duties in terms of that
subsection; or
(b) knowingly gives false information or gives information which he does
not know or believe to be true to any person referred to in, and exercising the powers
conferred by, subsection (1), (2) or (3);
shall be guilty of an offence.

88. Duties of authority in implementation of provisions of this Act.

(1) An authority shall take all necessary, reasonable and practicable measures for—
(a) preventing or causing to be prevented the development of
unsatisfactory standards or overcrowding, or remedying or causing to be remedied
unsatisfactory standards or overcrowding, within its authority area; and
(b) ensuring the provision of suitable accommodation for persons
required to vacate buildings—
(i) in terms of an order or abatement order; or
(ii) within clearance areas as a result of action taken by the authority in
terms of a clearance warrant.
(2) If the Minister considers that an authority has failed—
(a) to comply with any provisions of subsection (1); or
(b) in any respect other than that referred to in paragraph (a), to
implement this Act;
he may give the authority such directions to remedy such failure as he may think fit.
(3) Where an authority has failed to comply with any directions given by the Minister
in terms of subsection (2), the Minister may do or cause to be done all or any of the
things which the authority should have done—
(a) to comply with any provisions of subsection (1); or
(b) in any respect other than that referred to in paragraph (a), to
implement this Act;
and may recover from the authority the cost of doing or causing to be done all or any
of such things, together with interest on such cost at the standard rate.

89. Regulations.

The Minister may, by regulation, provide for all matters which—
(a) by this Act are required or permitted to be prescribed; or
(b) in his opinion, are necessary or convenient in order to carry out or
give effect to this Act.

90. Penalties.

Save where otherwise specifically provided for in this Act, any person who is guilty
of an offence under this Act shall be liable to a fine not exceeding four hundred
dollars or to imprisonment for a period not exceeding six months.
FIRST SCHEDULE (Sections 23 and 85)

91. MINIMUM REQUIREMENTS IN RELATION TO
UNSATISFACTORY STANDARDS.

1. Any room used, or intended, designed, constructed or adapted to be used, as the
   whole or any part of a dwelling shall—
   (a) except in the case of a kitchen, pantry, bathroom or latrine, be of a
   minimum horizontal dimension of two metres; and
   (b) be provided with a window area, including skylights—
   (i) which shall be not less than one-tenth of the area of the floor of such
   room; and
   (ii) of which not less than fifty per centum shall be capable of being
   opened to the external air:
   Provided that—
   (i) a window which opens from such room to a veranda or similar place
   shall be deemed to open directly to the external air if such room and the veranda or
   similar place, treated as one room, have adequate ventilation;
   (ii) where mechanical ventilation is provided for such room to the
   satisfaction of the authority, it shall not be necessary for any of the window area of
   such room to be capable of being opened to the external air.
2. In every dwelling there shall be—
   (a) not less than one water-closet for every unit of twelve occupants; or
   (b) where the latrines in such dwelling are not linked to a water-borne

sewerage system, not less than one latrine for every unit of eight occupants;
or part thereof, so situated as to be accessible with reasonable convenience to all the
occupants of the dwelling.

3. In every dwelling there shall be—
   (a) an adequate supply of potable water; and
   (b) not less than one water point for every unit of twelve occupants or part
   thereof, so situated as to be accessible with reasonable convenience to all the
   occupants of the dwelling.
   

SECOND SCHEDULE (Sections 43 and 85)
MINIMUM REQUIREMENTS IN RELATION TO OVERCROWDING

3. (1) Subject to subparagraph (2) and paragraphs 2 and 3, no room or part of a room
   used by persons for sleeping purposes shall be occupied for such purposes by a
   greater number of persons than will allow—
   (a) eight comma five cubic metres of free air space and three comma six
   square metres of floor space for each person of or over the age of twelve years; or
   (b) four comma two five cubic metres of free air space and one comma
   eight square metres of floor space for each person under the age of twelve years; or
   such greater dimensions as may be prescribed.
   (2) In calculating the cubic capacity of free air space in a room—
   (a) no part of a room less than two comma one metres in height, measured
   from the floor to the ceiling; and
   (b) no part of a room less than two comma one metres in any horizontal
   direction;
   shall be taken into consideration.
4. (1) No latrine, bathroom, staircase, cupboard, cellar or stable shall be used for
   sleeping purposes by any person.
   (2) The authority may, by written notice served on the responsible person of the
   dwelling concerned, prohibit the use for sleeping purposes by any person of any
   passage, landing, loft, garage, storeroom, shed, outbuilding or tent of such dwelling
   or situated on the piece of land upon which such dwelling is situated, as the case may
   be.
5. Save in the case of a dwelling let in whole or in part to lodgers, or where
   alternative accommodation is available, an excessive number of persons occasioned
   by the presence of a child—
   (a) who is under two years of age and was born to the owner or tenant of
   the dwelling concerned after his occupancy commenced; or
   (b) who is under thirteen years of age and attained the age of twelve years
   whilst the owner or tenant was occupying the dwelling concerned;
   shall not be deemed to be overcrowding.