Marondera Municipal Council (Wayleave) By-laws, 2024

Marondera Municipal Council has new by-laws governing wayleaves: the right to run cables, pipes, poles, masts and other infrastructure across council land, roads, road reserves, pavements, ducts, water towers and buildings.

All operators must obtain a permit before entering council property to install, trench, construct or operate equipment. The named operators include ZESA, ZINWA, NRZ, TelOne, POTRAZ, Econet, NetOne, Telecel and ZOL, but the definition covers any provider of essential services. Crucially, operators with facilities already on council property had sixty days from publication of the by-laws to obtain permits — this is not a rule for new builds only.

An application must be in writing with an application fee set by the council, and must supply the applicant's details and shareholders (CR05), evidence of technical, legal and financial capacity, proof that the equipment is approved by POTRAZ or the relevant authority, a description and map of the proposed facility and service area, an implementation plan identifying above and below ground works, a construction schedule coordinated with council water, sewer and roads plans, and a description of the services to be provided. The council must consider the application within seven days, may attach conditions, and must give reasons for a rejection. A rejected applicant may appeal to the Administrative Court within thirty days.

Approval is followed by a wayleave lease agreement with monthly lease rentals and any other prescribed fees. The lease and the permit cannot outlast the operator's POTRAZ or other regulatory licence, the permit is not transferable and there is no automatic renewal, and the permit holder gets no proprietary or exclusive rights over council property.

The permit holder must preserve the aesthetics of the property, avoid endangering anyone, maintain the installation, pay for any damage to council property, rehabilitate the site on expiry to the council's satisfaction, and use environmentally friendly methods. The holder indemnifies the council against all claims arising from access and from the presence of the facilities. Where demand for space exceeds availability, the council may require operators to share facilities.

On expiry of the lease, facilities must be removed within thirty days unless the council directs otherwise. The council may require removal or relocation where the operator is no longer licensed, where the facilities are a public health or safety risk, or where they unreasonably detract from the property's appearance. A permit can be cancelled for any contravention, and a cancelled permit cannot be renewed for a year. Council officers may disconnect or remove facilities where rentals go unpaid, terms are breached, or facilities sit on council property without a permit or after expiry — with the cost borne by the operator and no council liability for damage caused in the removal.

**On penalties.** Both offence provisions — giving false information or falsifying a permit or lease, obstructing a designated officer, and the general offence of contravening the by-laws or a notice under them — say only that the offender is "liable to a fine prescribed by council". No amount is published in the by-laws, so the fine has to be read off the council's own schedule of charges rather than the instrument. The same is true of the application fee and the lease rentals, which are set and reviewable by the council.

A separate general prohibition applies to everyone, not just operators: no person may place any rope, wire or pole on, under, along or across any public road, or hang anything on council property, without the council's prior written permission.