MISSING PERSONS ACT Ss 1-3 CHAPTER 5:14 MISSING PERSONS ACT Acts 2811978, 17/1979 (S, 17),2911981,2011991,2011994 (S 16), S1 85611981
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IU,) ... , MISSING PERSONS ACT ss 1-3 CHAPTER 5:14 MISSING PERSONS ACT Acts 2811978, 17/1979 (s, 17),2911981,2011991,2011994 (s 16), S1 85611981. ARRANGEMENT OF SECTIONS Section I, Short title, 2, Interpretation, 3, Application for order. 4, Holding of inquiry, 5, Making of order, 6, Powers of Master on making of order. 7, Review of order. 8, Appeal against order, 9, Effective date of order, 10, Effect of presumption of death, 11, Cancellation of order for appointment of administrator. 12, Appointment and removal of administrator. 13, Appeal against decision of Master. 14, Powers of administrator. 15, Failure of administrator to lodge accounts. 16, Release of administrator. 17, Reappearance of person presumed dead, 18, Further application for order, 19, Duty of police officers, 20, Witnesses failing to attend or refusing to be sworn or to give evidence, 21, Contempt of court, 22, Regulations, 23, Savings, AN ACT to provide for the presumption of death of a person who is missing, or for the care and administration of the estate of such a person; and to provide for matters incidental to or connected with the foregoing. [Date of commencement: 10th November, 1978,] 1 Short title (a) if the person in respect of whom the order as made This Act may be cited as the Missing Persons Act was ordinarily resident in that part of Zimbabwe de [Chapter 5:14]. fined in the First Schedule to the Estates Act, the Master as defined in that Act; 2 Interpretation (b) if the person in respect of whom the order was made (1) In this Act- was ordinarily resident in any part of Zimbabwe "administrator" means an administrator appointed tn other than that defined in the First Schedule to the terms of subsection (3) of section twelve; Estates Act, the assistant Master as defined in that "court" means a magistrates court; Act "Estates Act" means the Administration of Estates Act 3 Application for order [Chapter 6:01]; (1) Any person who wishes to apply for an order in "inquiry" means an inquiry referred to in subsection (1) respect of a missing person shall lodge with the clerk of the of section/our; court of the province in which that person was ordinarily "judge" means ajudge of the High Court; resident immediately before his disappearance an applica "magistrate" means a regional magistrate or a provin tion in the prescribed form accompanied by such other cial magistrate; documents as may be prescribed. "Minister" means the Minister of Justice, Legal and (2) Where the applicant for an order is not a person who Parliamentary Affairs or any other Minister to whom the is the nearest relative of the missing person, the clerk of the President may, from time to time, assign the administration court shall cause such relative to be notified of the applica of this Act; tion. "order" means an order in terms of subsection (I) of (3) Subject to such directions as a magistrate may deem section five; necessary or desirable, the clerk of the court with whom an "Registrar" means the Registrar of the High Court; application has been lodged in terms of subsection (I) shall "Registrar-General" means the Registrar-General of as soon as possible publish at the expense of the applicant a Births and Deaths referred to in section 3 of the Births and notice in the prescribed form- Deaths Registration Act [Chapter 5:02], (a) once in the Gazette and in a newspaper circulating in (2) Any reference in this Act to the Master in connection the area in which the person in respect of whom the with anything done in relation to an order or the appoint order is applied for was ordinarily resident; and ment of an administrator or anything else done in pursu (b) in such other newspapers as the magistrate may ance of an order shall be deemed to be a reference to-- direct 281 [Chapter 5:14] 8.3-9 MISSING PERSONS ACT (UI (4) A magistrate may give directions in terms of subsec (a) by notice in writing require- , ..~~;/ tion (3) that a notice be published in the journals referred to (i) the nearest relative or connection of the person in that subsection such number of times, not exceeding in respect of whom the order was made who is three, as he may specify. available; or 4 Holding of inquiry (ii) any person who resides at the place at which the person in respect of whom the order was (I) If, after considering the documents referred to in made was ordinarily resident immediately be subsection (I) of section three, he considers it necessary or fore his disappearance; desirable to do so, a magistrate of the court at which an to furnish him in writing with such information application in terms of that section has been lodged shall, relating to the person who is the subject of the order not less than six weeks after the lodging of the application, or the relatives or property of such person as the hold an inquiry in terms of this section into the circum Master may specify in that notice; stances of the disappearance of the missing person: (b) if he considers it necessary or expedient, appoint a Provided that the magistrate may, on good cause shown, curator bonis to take custody and charge of the estate hold an inquiry at any time after publication of the final of the person who is the subject of the order until an notice in terms of subsection (3) of section three. executor or administrator, as the case may be, is ap (2) A magistrate may summon any witness to give evi pointed and takes the custody and charge thereof. dence at an inquiry by causing a notice in the prescribed (2) The Estates Act shall apply, mutatis mutandis, in form to be served in the manner prescribed on the person relation to a curator bonis appointed in terms of paragraph concerned and- (b) of subsection (I) and to the appointment thereof as they (a) shall require a witness to take an oath or affirmation apply in relation to a curator bonis appointed in terms of in the prescribed form; subsection (I) of section 22 of that Act. (b) may order that a witness be paid the same expenses (3) Any person who fails to furnish the Master with as he would have received had he given evidence in information required in terms of paragraph (a) of subsec criminal proceedings before a court. tion (I) shall be guilty of an offence and liable to a fine not (3) A magistrate holding an inquiry shall- exceeding one hundred dollars. (a) not be bound by any rules of evidence which relate to civil or criminal proceedings and may, subject to 7 Review of order any regulations, receive any statement by way of af (1) The clerk of the court shall, as soon as reasonably fidavit or otherwise from any interested person or possible and in any event not later than twenty-eight days any person who has information relating to the sub after the making of an order, forward to the Registrar the ject of the inquiry: record of the inquiry together with such remarks, if any, as Provided that a witness who objects to answering the magistrate may desire to append. any question on the ground that it will tend to in (2) The Registrar shall with all convenient speed lay the criminate him shall not be required to answer the papers referred to in subsection (1) before a judge in question or be liable to any penalty for refusing to chambers who may- answer the question; (a) confirm the order; or (b) cause a record of the proceedings of the inquiry to be (b) substitute an order in terms of paragraph (a) of kept. subsection (I) of section six for an order in terms of (4) Section 3 of the Courts and Adjudicating Authori paragraph (b) of that subsection or vice versa; or ties(Publicity Restriction) Act [Chapter 7:04] shall apply, (c) set aside the order and remit the matter to the mutatis mutandis, in relation to an inquiry. magistrate with such instructions relative to the fur ther proceedings to be had in such matter; or 5 Making of order (d) set aside the order; (I) If at the conclusion of the inquiry the magistrate is as the judge thinks fit and any substituted order in terms of satisfied that the person concerned was ordinarily resident paragraph (b) shall be deemed to be the order of the in the area under the jurisdiction of the court and is- magistrate in terms of paragraph (a) or (b), as the case may (a) dead, he shall make an order presuming the person to be, of subsection (I) of section five. have died; or (b) missing and it is necessary or expedient to do so, he 8 Appeal against order shall make an order declaring that the person is a (1) Any person who is aggrieved by the making or the missing person and authorizing the appointment of refusal of an order may, within one month of the making or an administrator for the care and administration of refusal thereof, appeal to the Supreme Court. his estate. (2) The Supreme Court may, on an appeal in terms of (2) The magistrate may, in making an order in terms of subsection (I), exercise any of the powers set out in paragraph (a) of subsection (I), specify the date or the date subsection (2) of section seven and any order made by the and time of death for the purposes of determining in terms Supreme Court in the exercise of such powers shall be of the law relating to testate or intestate succession the deemed to be the order of the magistrate in terms of persons who shall succeed to the property of the person in paragraph (a) or (b), as the case may be, of subsection (1) respect of whom the order has been made.