Loan Default Property Exemption in Zimbabwe: What Can and Cannot Be Executed Against

Exempt Property in Zimbabwe: What Can and Cannot Be Executed Against when a debtor defaults a loan in Zimbabwe

1. Governing Law

The execution of judgments in Zimbabwe is primarily governed by:

High Court Rules, 2021 (Statutory Instrument 202 of 2021), particularly Order 26 (Execution of Judgments);
Sheriff of the High Court Act [Chapter 7:18]; and
Maintenance of Peace and Order Act [Chapter 11:23] (for limited humanitarian protections). There are also common law principles protecting necessities for survival from seizure.

2. What Property Can Be Executed Against

The general rule is that all property owned by the judgment debtor (the borrower) is liable to execution, unless expressly exempted by law. Examples of property that can be executed upon include:

Motor vehicles (private or commercial, unless the only means of subsistence); •Bank accounts (via garnishee orders);
Shares and securities;
Furniture, electronics, luxury goods;
Land and immovable property (houses, farms), following proper attachment and sale processes under the Deeds Registries Act [Chapter 20:05]. (See: High Court Rules, 2021, Order 26 Rule 5)

3. Property That Cannot Be Executed Against (Exempt Property)

The following categories of property are exempt from execution:

(a) Necessary Tools of Trade

Tools, implements, instruments or professional books necessary for the debtor’s trade, occupation, or profession, up to a reasonable value.

Authority:

•High Court Rules, 2021, Order 26, Rule 5(2)(a).

(b) Basic Household Necessities

Basic household furniture and effects necessary for minimal living standards:
Beds, bedding,
Essential kitchen utensils,
Basic clothing,
Foodstuffs for immediate consumption.

Authority:

Order 26, Rule 5(2)(b) of the High Court Rules, 2021.

(c) Minimal Livestock and Agricultural Tools (for Subsistence Farmers)

Livestock necessary for basic subsistence (such as one cow, several goats, poultry). •Agricultural implements necessary to cultivate a subsistence farm.

Authority:

Order 26, Rule 5(2)(c).

(d) Pensions and Social Security Payments

Pension benefits, gratuities, and social security grants are generally protected from attachment.

Authority:

Pensions and Provident Funds Act [Chapter 24:09], Section 28.

4. Exact Citation From the High Court Rules, 2021 Order 26, Rule 5(2):

“The following property of a judgment debtor shall not be attached or sold in execution —

(a) the necessary wearing apparel of the debtor and his family;

(b) the furniture, tools, and implements necessary for the debtor’s trade or occupation to the extent determined by the Sheriff;

(d) such livestock and agricultural implements as the Sheriff may determine to be reasonably necessary for the subsistence of the debtor and his family.”