DEPARTMENT OF THE SURVEYOR – GENERAL

STEPS TO BE TAKEN IN THE CANCELLATION OF PORTION OF OR WHOLE

OF GENERAL PLAN SITTING ON STATE LAND IN TERMS OF SECTION 47(3)
OF THE LAND SURVEY ACT [CHAPTER 20:12].

 In the case of a Municipality administering ‘State Land’ like Chitungwiza, whose land has not
yet been transferred to the Municipality by government to achieve ‘Township Lands’ status,
a request for any survey work within its jurisdiction, has to be sent by the municipality to
the Secretary of Ministry of Local Government, Public Works and National Housing, Urban
State Land Office, which is the Local Planning Authority (LPA).

 It is upon receipt of that letter from the Municipality that the LPA send a letter of request to
the Surveyor-General’s Department to provide it with the modalities concerning the steps to
be taken to facilitate the cancellation. These involve the preparation of a draft General
Notice to be published in a local paper circulating in the area, and guidelines of serving
notice to abutting property owners seeking their consent or objection.
 Upon being served with the above, the LPA with the aid of the draft notice must advertise its
intention to apply for the Cancellation twice for two consecutive weeks in a local paper
circulating in the area where the property to be cancelled is located and once in an issue of
the government gazette. The publication in the government gazette must appear in the
same week as the first of the two publications to be published in the local paper. This
process is done calling for those who will be objecting to the proposed cancellation to lodge
their objections with the Surveyor-General within a period of twenty one days (21) from the
last day of publication in the local paper.

 After the expiry of the twenty one days waiting period and if no objections have been
received, the LPA must lodge its formal application for the cancellation with the Surveyor-
General together with copies of actual advertisements and proof of post office receipts or
acknowledgement letters signed by abutting owners having been served with notices,
diagrams in duplicate if available of the property to be cancelled together with Cancellation
fees. In the case of objections being lodged with this office, the Surveyor-General refers the
two parties to the Administrative Court for arbitration.

 The Surveyor-General verifies the contents of the advertisements with his records after
which he seeks the consent of the Minister of Lands and Rural Resettlement in writing
together with all the papers involved in the cancellation process.

 When the Minister has consented to the proposed cancellation, the Surveyor-General then
seeks the Legal opinion of the Office of the Attorney-General in writing. The Attorney-
General after recording and examining the papers, he then endorses two notices to be
publicized in the government gazette only once. One copy is endorsed ‘Printer’s Copy’ and
the other ‘Examined’ for our filing. The LPA is then given the printer’s copy for final
publication in the government gazette.

 When the notice appears in the government gazette, which is published every Friday, the
Surveyor-General makes the necessary amendments and cancellations on his records filed
on the seventh floor in terms of section 47(3) of the Land Survey Act [Chapter 20:12], and
then informs the applicant (LPA) and the Registrar of Deeds in writing of the cancellation
having been done.

 It is only after the above process has been done and completed, that the Surveyor-General
can accept and process any record which is affected by an encroachment.
 DEPARTMENT OF THE SURVEYOR – GENERAL

STEPS TO BE TAKEN IN THE CANCELLATION OF AN UNREGISTERED

DIAGRAM IN TERMS OF SECTION 46(1) OF THE LAND SURVEY ACT
[CHAPTER 20:12].

 The Client makes an application to the Surveyor-General of his intention to cancel an

approved diagram enclosing original copies of the diagrams if available, proof of ownership,
affidavit if diagrams are lost together with cancellation fees. (24hrs).

 These are examined, recorded and sent to the CMU for endorsement.

 After the endorsement, the Surveyor- General informs the Client, LPA and the Registrar of
Deeds of the cancellation.