REALWorld Law

Commercial leases

Termination by a third party

Can a lease be terminated by any third party, eg the government or a municipal authority? If so, how long does this process take? Is compensation payable and, if so, who pays it?

Zimbabwe

Zimbabwe

In terms of the Land Acquisition Act [Chapter 20:10], the President of Zimbabwe or any Minister duly authorized by the President, may compulsorily acquire: any land, where the acquisition is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilization of that or any other property for a purpose beneficial to the public generally or to any section of the public; any rural land, where the acquisition is reasonably necessary for the utilization of that or any other land for settlement for agricultural or other purposes, for purposes of land reorganization, forestry, environmental conservation or the utilization of wild life or other natural resources or for the relocation of persons dispossessed in consequence of the utilization of land for these purposes. The acquiring authority and the party affected may enter into an agreement for the acquisition or the formal process in terms of the Land Acquisition Act may be followed.

Where the land is acquired, the Land Acquisition Act allows for the eviction of the owner or the occupier of such land once the relevant procedure has been followed in terms of the Act and an order obtained. The formal process in terms of the Act must be followed and an order obtained. Once the order is obtained, it is then served upon the occupier or owner of the land, and he or she is then given three months written notice to vacate. If the land is agricultural land, notice in writing is given to the owner or occupier to cease to occupy, hold or use that land 45 days after the date of service of the order upon the owner or occupier. If he fails to do so, he shall be guilty of an offence and liable to a fine or to imprisonment for a period not exceeding two years.

The Act states that fair compensation shall be paid within a reasonable time by the acquiring authority.