City of Masvingo (Way-leaves) By-laws, 2025
Telecoms and utility operators laying cable across Masvingo council land now need a wayleave permit — US$20 to apply plus 10% of project costs, US$800 a month rent and US$400 a year per booster — with US$2 000 for operating without one.
These by-laws require a wayleave permit before operator facilities or networks are installed on City of Masvingo roads, road reserves or other council property.
An application must give the applicant's full particulars and shareholders, demonstrate technical, legal and financial capacity, prove that equipment is approved by POTRAZ or the relevant authority, describe the facility, service area, technical characteristics and distribution scheme, and set out a construction schedule coordinated with the council's water, sewer and roads plans. The council decides within seven days and may attach conditions; a rejected applicant may appeal to the Administrative Court within 30 days.
On approval the council and the permit holder enter a wayleave lease agreement, which may not run longer than the operator's POTRAZ licence, and monthly rentals become payable. The by-laws also cover the sharing of operator facilities, the permit holder's obligations and indemnity, and removal of facilities on expiry.
The council may disconnect or remove facilities where rentals go unpaid, the permit is breached, facilities sit on council property without a permit or remain after expiry — at the permit holder's cost and with no liability on the council for damage caused.
Charges are US$20 to apply for the permit plus a permit fee of 10 per cent of project costs, lease rentals of US$800 a month and US$400 a year for a network booster; the lease agreement itself is free. Penalties are US$2 000 for operating without a permit, US$1 000 for emitting harmful substances, US$800 each for failing to preserve the property's aesthetics, failing to maintain installed facilities, or failing to remove facilities after the lease expires, and US$100 for obstructing a designated officer. All amounts are payable in local currency at the prevailing interbank rate.
Note that the enacting words cite the Rural District Councils Act, though the by-laws are made for a city council.
What changed
- A wayleave permit is required before installing operator facilities on council property
- Application costs US$20 plus a permit fee of 10% of project costs
- Lease rentals of US$800 a month, plus US$400 a year per network booster
- Permits are capped at the length of the operator's POTRAZ licence, with appeal to the Administrative Court within 30 days of refusal
- Operating without a permit carries US$2 000; emitting harmful substances US$1 000; aesthetic, maintenance and removal failures US$800 each
Who this affects
- Telecoms operators and internet service providers laying fibre in Masvingo
- Utility and pipeline contractors crossing council land
- Tower and network booster operators
- Council engineering and revenue departments
Plain-language summary — not legal advice. Always read the full instrument.