ZIMBABWE Law and Practice Contributed by: Nikita Madya and Chantele Sibanda, Wintertons
5.4 Eminent Domain, Condemnation or Expropriation Rights to Construct and Operate Electricity Distribution Facilities Rights to the surface of land are obtained by way of a lease agreement with the owner of such land, which could be a private entity, a municipality or a district council. The lessee pays rent to the landowner, which acts as compensation. 5.5 Monopoly Rights for Electricity Distribution Entities There are no monopoly rights to provide a distribu- tion service within a specified geographical territory. Section 47 (6) of the Electricity Act provides that “unless expressly indicated in the licence, the grant of a licence shall not hinder or restrict the grant of a licence to another person for a like purpose and in the absence of such express indication the licensee shall not claim any exclusivity”. However, ZERA may allow a licensed activity to be exclusive for all or part of the period of the licence, for a specific purpose, for a geographical area, or for some combination of these. 5.6 Electricity Distribution System Charges and Terms of Service This falls under the purview of ZERA, as described in 4.6 Transmission Charges and Terms of Service . The same principles apply to electricity distribution system charges, and the same rights are afforded to any aggrieved party.
• an environmental and social impact assessment and Environmental Management Agency approval; and • the number and types of customers per voltage level. 5.3 Terms and Conditions Imposed in Approvals to Construct and Operate Electric Distribution Facilities The same regulatory process as that described in 3.2 Obtaining Approvals to Construct and Operate Generation Facilities and 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities applies to distribution facility applications, although the required documents are as follows: • a map indicating the location of the distribution lines; and • information relating to the distribution system, covering: • line specifications (capacity, voltage, length, con- ductor type, configuration, etc); • points of supply; • contractual arrangements – operations and main- tenance; • metering arrangements and billing arrangements; • connection charges/agreements; • client services standards; • applicable tariffs; • a single line diagram; • transformers and transformer sizes; • proposed agreements for distribution network con- nections and use of the system; • an environmental and social impact assessment and Environmental Management Agency approval; and • the number and types of customers per voltage level.
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