PART I PRELIMINARY

“Agency” or “ZIDA” means the Zimbabwe Investment and Development Agency established by section 3;

“Board” means the Zimbabwe Investment and Development Agency Advisory Board established by section 7;

“Commissioner-General” means the Commissioner-General of the Zimbabwe Revenue Authority;

“contracting authority” means any Ministry, Government department or public entity which has entered into or is considering entering into a PPP agreement;

“counterparty”, in relation to a PPP agreement, means a party to the agreement other than the contracting authority;

“Chief Executive Officer” means the Chief Executive Officer of the Agency appointed in terms of section 9;

“customs territory” means any part of Zimbabwe excluding a special economic zone;

“foreign investor” means a natural or juristic person domiciled outside Zimbabwe, who seeks to make, is making or has made an investment in Zimbabwe pursuant to this Act;

“foreign investment” is a direct or indirect investment made by a foreign investor, other than any foreign portfolio investment;

“foreign portfolio investment” means the purchase of Zimbabwean stocks and bonds by any natural or juristic person domiciled outside Zimbabwe, and includes the deposit by such person of moneys in any banking account in Zimbabwe;

“Government” means the Government of the Republic of Zimbabwe;

“Immigration Department” means the office headed by the Chief Immigration Officer, referred to in section 5(1)(a) of the Immigration Act [Chapter 4:02];

“investor” means any person, natural or juristic, who seeks to make, is making or has made an investment in Zimbabwe, including a foreign investor;

“Minister” means—

(a) any Minister or Vice-President to whom the President may assign the administration of this Act;

(b) the President, where the President has reserved the administration of the Act to himself or herself;

“One Stop Investment Services Centre” or “OSISC” has the meaning given to it in section 5;

“one stop shop” means the OSISC or any branch thereof established under section 5(8);

“Public Private Partnership agreement” or “PPP agreement” has the meaning given to it in Part I of the Fourth Schedule;

“PPP project” or “project” means a project to be implemented under a PPP agreement, and includes any of the types of projects specified in, but not limited to, those specified in Part III of the Fourth Schedule;

“public entity” means—

(a) any corporate body established by or in terms of an Act of Parliament for special purposes; or

(b) any company in which the State has a substantial or controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise, and includes any company which is subsidiary of the first mentioned company, as determined in accordance with section 183 of the Companies and other Business Entities Act [Chapter 24:31]; or

(c) local authority;

“special economic zone” or “SEZ” means any part of Zimbabwe declared in terms of section 31 to be a Special Economic Zone;

“territory” means the land and territory of the Republic of Zimbabwe and the airspace above it;

“user levy” means any toll, fee, tariff, charge or other benefits whatsoever called that is collected by a counterparty or by the contracting authority on behalf of the counterparty from users or customers of a facility or service provided by it to enable the counterparty to recover its investment together with a fair return thereon;

“unsolicited bid” means a proposal that is prepared or made without the invitation, solicitation, supervision or request of a contracting authority, being made solely at the initiative of the prospective counterparty, and “unsolicited bidder” shall be construed accordingly;

“value for money” in relation to a PPP agreement, means that the agreement will result in a net benefit to users or consumers of the facility or service availed by the completion of the agreed project in terms of cost, delivery, price, quality, quantity, timeliness or risk transfer, or any combinations thereof;

“Zimbabwe Revenue Authority” means the Authority established in terms of section 3 of the Revenue Authority Act [Chapter 23:11].