The National Trust Commission Act, 1972 (Amended K.OIC 22/1973)
PART I
PRELIMINARY
1. Short title.
2. (1) Interpretation.
2. (2) NonApplicability of Act to certain Land.
PART II
THE COMMISSION
3. Establishment of the Commission.
4. Constitution of the Commission.
5. Members of the Commission not to be remunerated.
6. Functions of the Commission.
7. Officers and employees.
8. Limitation of liability and actions.
PART III
SWAZILAND NATIONAL CENTRE AND DECLARED INSTITUTIONS
9. Establishment of Swaziland National Centre.
10. Proclamation of declared institutions.
11. The curator and his functions.
PART IV
NATIONAL PARKS
12. Establishment and Areas of Parks and Reserves.
13. Noting of proclamation of park or reserve in Deeds Office.
14. Acquisition of private land in a park.
15. Objects of a parks or reserves.
16. Functions and powers of the Commission in respect of parks and reserves.
17. Delegation of powers.
18. The director of national parks and his functions.
19. Restriction on entry and fishing.
20. Prohibition of certain acts in parks and reserves.
21. Rights of owners and occupiers of land in a reserve.
22. Penalties.
23. Evidence.
24. Powers of park wardens and park officials.
24. bis Appointment of honorary park wardens and officials.
PART V
NATIONAL MONUMENTS, RELICS AND ANTIQUES
25. Powers and duties of the Commission in regard to national monuments, relics and antiques.
26. Proclamation of monuments.
27. Acquisition of land and rights for the purposes of a monument, relic or antique.
28. Noting of proclamation of monument or relic in Deeds Office.
29. Protection of monuments, relics, antiques and other objects.
30. Powers of entry upon land.
31. Commission may assume control of certain monuments.
32. Minister may prohibit removal or export of monument, relic or antique.
32. bis. Powers of park wardens and park officials in respect of monuments and relics.
33. Penalties.
PART VI
FINANCIAL PROVISIONS
34. Financial year.
35. Revenues of the Commission.
36. Application of funds of the Commission.
37. Annual estimates.
38. Investment of funds.
39. Annual Report.
40. Accounts.
41. Exemptions from duties, taxes and fees.
PART VII
GENERAL
42. Acquisition of Property.
43. Regulations.
43. bis. Nonapplication of certain laws to parks, reserves, monuments and relics.
44. Repeal and Saving.
An Act to provide for the operation of cultural institutions and the proclamation of national parks,
monuments and matters incidental thereto.
PART I
PRELIMINARY
Short title.
1. This Act may be cited as the National Trust Commission Act, 1972.
Interpretation.
2. (1) In this Act, unless the context otherwise requires
"animal" means any vertebrate member of the animal kingdom other than a human being, an animal of
a usually domseticated species or a fish, and includes the eggs of birds and reptiles; (Amended K.OI
C. 22/1973)
"antique" means an object proclaimed as such under section 26;
"chief executive officer" means the chief executive officer of the Commission appointed under section
7;
"Commission" means the Swaziland National Trust Commission established in terms of section 3;
"curator" means a person appointed to be in charge of a declared institution under section 11;
"declared institution" means an institution proclaimed as such under section 10 and includes the
Swaziland National Centre;
"director" means the person appointed as director of national parks under section 18;
"hunt", with reference to an animal, means to kill, shoot at, capture or attempt to capture, or to follow
or search for or liein wait for with intent to kill, shoot or capture, or wilfully to disturb;
"institution" means any art gallery, library, museum, zoological or botanical garden, or other scientific
or cultural institution deemed by the Minister to be of a similar character;
"Minister" means the Deputy Prime Minister;
"monument" means an area or object proclaimed as such by the Minister under section 26 and where
appropriate includes relics and antiques;
"national park" or "park" means a national park established under section 12 on land which does not
include private land which is under the management and control of the Commission for the objects
described in section 15; (Added K.OIC. 22/1973)
"nature reserve" or "reserve" means a nature reserve established under section 12 on land which may
include private land and in respect of which management and control by the Commission are subject to
certain private property rights or limitations or restrictions imposed by the Ngwenyama in terms of this
Act; (Added K.OIC. 22/1973)
"owner" in relation to land means a person who has title thereto and any person who has any right or
interest in such land;
"park" means a national park established under section 12;
"park official" means any person, other than a park warden, who is employed by the Commission in a
national park or nature reserve; (Added K.OIC. 22/1973)
"park warden" means the director of national parks and any person appointed as a park warden by the
Commission by notice in the Gazette; (Added K.OIC. 22/1973)
"poison" means any chemical or other substance, whether solid, liquid or gas, which is capable of
killing, injuring or stupefying vertebrate or invertebrate animals or fish, by contact or ingestion or of
destroying vegetation, aned includes such substances as insecticides, arboricides, herbicides and cattle
dipping compounds; (Added K.OIC. 22/1973)
"private land" means any land that is not Swazi Nation Land or owned, possessed or occupied by the
Government; (Added K.OIC. 22/1973)
"property" includes any interest in or right over immovable property;
"relic" means an object proclaimed as such under section 26;
"Swaziland National Centre" means the institution established under section 9;
"trap" means any device, including a snare and bird lime, by means of which an animal can be captured
whether dead or alive; (Amended K.OIC. 22/1973)
"tree" means a perennial plant having a selfsupporting woody main stem or trunk and growing to a
height of not less than five feet, but does not include bushes or shrubs;
"weapon" means any firearm or ammunition for a firearm or any other instrument by means of which
a projectile can be propelled, or which can be propelled or used in such a manner that any animal can
be killed or injured thereby.
NonApplicability of Act to certain Land.
2. (2) Subject to the proviso to section 27(a) this Act shall not apply to such land as is sacred or has
special significance according to Swazi law and custom:
Provided that in the event of any doubt as to whether such land is sacred or has such special
significance, the Minister shall obtain the decision of the Ngewnyama in writing, and such decision
shall be final and binding on all persons concerned.
PART II
THE COMMISSION
Establishment of the Commission.
3. (1) There is established a body to be knownas the "Swaziland National Trust Commission" which
shall bea body corporate, capable of suing and being sued in its own name, ofacquiring and alienating
movable and immovable property and, subjectto the provisions of this Act, generally of performing all
such actsas bodies corporate may by law do.
(2) Subject to the provisions of Part VI ofthis Act, the Commission shall not without the prior approval
of theMinister purchase, hire, sell, let, exchange, or otherwise alienate,hypothecate or encumber
immovable property or invest, lend or borrowmoneys.
Constitution of the Commission.
4. (1) The Commission shall consist of achairman and six members appointed by the Minister by notice
publishedin the Gazette, together with such other members as may be elected bythe Commission under
subsection (2).
(2) The Commission may elect not more than fourpersons possessing such expert knowledge or
experience as may berequired by it in the discharge of its functions. (Amended K.OIC.22/1973)
(3) The Commission shall elect a deputychairman who shall preside if the chairman is absent.
(4) The period of office of a member of theCommission shall be
(a) in the case of a member appointed undersubsection (1), three years; and
(b) in the case of a member elected undersubsection (2), a period not in excess of one year,
but a member shall be eligible to bereappointed or reelected.
(5) A member of the Commission shall vacate hisoffice if he
(a) gives the Minister written notice of hisresignation; or
(b) has been absent from three consecutivemeetings of the Commission without the permission of the
chairman; or
(c) is declared by a competent court to be ofunsound mind; or
(d) is convicted of an offence and sentenced toa term of imprisonment without the option of a fine; or
(e) is declared insolvent by the High Court andhas not been rehabilitated; or
(f) is employed by the Commission.
(6) When a vacancy among appointed members ofthe Commission occurs, the Minister shall appoint a
person to fill thevacancy for the unexpired portion of the period for which such memberhas been
appointed.
(7) The chairman (or deputy chairman) and fourmembers of the Commission shall constitute a quorum
and a decision ofthe majority of members present at the meeting shall be deemed to bethe decision of
the Commission.
(8) The chairman shall have a casting vote aswell as a deliberative vote.
(9) The Commission shall meet at least twice ayear and the chairman shall give or cause members of
the Commission tobe given reasonable notice in writing of a meeting.
Members of the Commission not to beremunerated.
5. No remuneration shall be paid to the membersof the Commission, but each member may draw from
the funds of theCommission his reasonable expenses for subsistence and travellingwhile engaged in the
business of the Commission at the ratesauthorized in terms of any regulation made under section 43.
Functions of the Commission.
6. (1) Subject to the provisions of this Act orany other law the Commission is charged with the general
supervisionand control of the Swaziland National Centre and other declaredinstitutions, national parks,
nature reserves, monuments, relics andantiques. (Amended K.OIC. 22/1973)
(2) The Commission may establish comittees toassist it in the exercise of its functions and the
performance of itsduties, and may, in addition, appoint such persons as it may deem fitto be members
of such a committee.
Officers and employees.
7. (1) The Commission shall appoint a chiefexecutive officer who shall
(a) hold office for such a period and subjectto such conditions as the Commission may decide; and
(b) subject to the directions of the Commissionbe charged with the management of the business of the
Commission andits administration and organisation and with control of the staff ofthe Commission.
(2) The Commission may, subject to theprovisions of section 11, appoint such other persons to the staff
ofthe Commission as may from time to time be required for the carryingout of the objects of this Act
and may in its discretion dismiss anyofficer or employee from its service.
Limitation of liability and actions.
8. (1) No action shall lie against theCommission for the recovery of any damage caused by any animal,
insidea declared institution, park, reserve or monumnet unless such damageis shown to have been
caused by the reckless or wilful misconduct of aperson employed by the Commission and acting in the
course of suchemployment. (Amended K.OIC. 22/1973)
(2) No action shall lie against the Commissionor any officer or employee of the Commission in
respectof anythingdone under this Act unless written notice stating the cause of actionis served on the
Commission within thirty days after the cause ofaction arises, and unless the action is commenced
within six monthsafter the cause of action arises.
PART III
SWAZILAND NATIONAL CENTRE AND DECLAREDINSTITUTIONS
Establishment of Swaziland National Centre.
9. There is hereby established an institutionto be known as the Swaziland National Centre, the assets
andliabilities of which shall vest in the Commission.
Proclamation of declared institutions.
10. The Minister may in consultation with thePrime Minister by notice in the Gazette proclaim an
institution to bea declared institution, whereupon all the assets and liabilities ofthat institution shall vest
in the Commission, unless expresslyotherwise provided for in that notice.
The curator and his functions.
11. (1) The Commission shall appoint a curatorto be in charge of a declared institution.
(2) The functions of the curator shall be
(a) to receive, hold and preserve allspecimens, collections, or other movable property of whatever
kindplaced under the care of, or loaned to, or belonging to, the declaredinstitution;
(b) to maintain and preserve all buildings,land, and other immovable property in the care of, loaned to,
orbelonging to, the declared institution.
(c) to undertake such administrative functionsin connexion with the declared institution as may be
necessary,including the preparation of annual estimates of revenue andexpenditure and the keeping of
books of account;
(d) to keep proper records of the property ofthe declared institution and to submit to the Commission
any returnsor information requested by it; and
(e) generally to carry out the purposes andobjects of the declared institution.
(3) A curator may, subject to any other law andsubject to the approval of the Commission, determine
the hours duringwhich and the conditions and restrictions under which the public mayvisit the declared
institution.
(4) A curator shall once a year submit to theCommission a written report of the activities of the
declaredinstitution, including a financial statement outlining his use of thefunds put at his disposal
regardless of their source.
PART IV
NATIONAL PARKS
Establishment and Areas of Parks and Reserves.
12 (1) Upon the recomendation of the Commission, the Minister may after consultation with the Prime
Minister and subject to this Act, by notice in the Gazette, proclaim
(a) as a national park, any area of land which does not include private land, or proclaim any such area
to be part of an existing park;
(b) as a nature reserve, any area of land which may include private land, or proclaim any area of land to
be part of an existing reserve:
Provided that the Commission shall
(i) at least one month before making such recommendation in respect of private land, notify the owner
thereof in writing that it proposes to make a recommendation, and
(ii) attempt to conclude an agreement with the owner prescribing the terms and conditions under which
the owner would control, manage and maintain his land within the reserve for the objects described in
section 15; and
(iii) in making its recommendation, submit proof to the Minister that the owner has received the
required notice, and transmit to him any agreement that the Commission may have concluded with the
owner or failing such agreement any objection which may have been lodged by the owner, or
(iv) in the event that the owner concerned cannot be traced after diligent search, in making its
recommendation submit proof that the notice has been published in the Gazette and in a newspaper
circulating in Swaziland.
(2) Notwithstanding subsection (1), the Minister shall not proclaim any Swazi Nation Land in terms of
this section without first having obtained the written permission of the Ngwenyama who may therein
impose such restrictions or limitations as he may deem fit.
(3) Upon the recommendation of the Commission, the Minister mayafter consultation with the Prime
Minister by notice in the Gazette exclude any land from an area proclaimed to be a park or reserve in
terms of subsection (1) or cancel a notice issued in terms of that subsection.
Noting of proclamation of national park in Deeds Office.
13. (1) When the Minister proposes to proclaim or has proclaimed a defined area to be a park or reserve
or to increase or reduce the area of a park or reserve under section 12, he may cause beacons to be
erected on the corners of the area and cause that area to be surveyed and a diagram thereof to be
framed.
(2) When the Minister has proclaimed a defined area to be a park or reserve or has increased or reduced
the area of a park or reserve under section 12, he shall furnish the Registrar of Deeds with a copy of the
notice in the Gazette containing the proclamation, extension or reduction, and with a copy of any
diagram of that area which may have been framed.
(3) The Registrar of Deeds shall endorse a reference to the said proclamation, extension or reduction,
and to any such diagram upon the title deed of the land in question filed in his office and in the
appropriate registers, and upon the owner's title deed as soon as it is lodged in his office for any reason.
Acquisition of private land in a park.
14. If the Minister proposes to proclaim a park or reserve under section 12, or if a reserve has already
been so proclaimed, the Minister may acquire by purchase or otherwise or, failing agreement with the
owner, by expropriation any property necessary for the purposes of proclaiming the park or reserve or
of furthering the objects of the reserve.
Objects of parks and reserves.
15. The objects of the declaration of a park or reserve are
(a) to promote and conserve indigenous animal and plant life and to eliminate nonindigenous animal
and plant life within the area of a park or reserve;
(b) to collect together and restore to the park or reserve a representative selection of the animals and
plants which are indigenous or are reasonably considered to have been indigenous to the area;
(c) to protect and preserve or to restore objects of geological, archaeological, historical, ethnological
and other scientific interest in the park or reserve;
(d) to promote and protect the natural ecology and environment of the park or reserve;
(e) to provide facilities for scientific study and education;
(f) to promote public appreciation of the social, economic and moral value of nature conservation;
(g) without conflicting with the foregoing objects, to provide enjoyment to visitors to the park or
reserve.
Functions and powers of the Commission in respect of parks and reserves.
16. (1) Subject to section 17 and to any agreement concluded in terms of section 12(1)(b)(ii), the
Commission shall control, manage and maintain parks and reserves for the objects described in section
15.
(2) Subject to section 3(2) and to any agreement concluded in terms of section 12(1)(b)(ii), the
Commission may within a park or reserve
(a) construct such bridges, buildings, fences and dams, and carry out such other works as it may
consider necessary for the control, management or maintenance of the park or reserve.
(b) take such steps as will ensure the preservation of the park or reserve and the indigenous animals and
plants therein in a natural state;
(c) set aside areas as breeding places for animals or as nurseries for trees, shrubs, flowers and other
plants;
(d) having regard to the objects described in section 15, provide accommodation, meals, refreshments
and facilities inconnection therewith for visitors to the park or reserve, and carry on any business or
trade or supply any other service for the convenience of visitors to the park or reserve;
(e) establish, erect, equip and maintain any building, structure, depot or premises required in
connection with any matter referred to in paragraph (d), or otherwise permit the use or occupation of
any site required for such purpose;
(f) make such charges in connection with any such matter as it may determine.
(3) Subject to any agreement concluded in terms of section 12(1)(b)(ii), the Commission may
(a) on the recommendation of the director sell, exchange or donate specimens of the animals and plants
of a park or reserve, and by purchase, exchange or otherwise acquire any animal or plant which the
Commission may consider desirable to introduce into a park or reserve;
(b) grant exemption or partial exemption from payment of any or all of the charges determined under
subsection (2) or the fees payable in terms of any regulation made under section 43 to members of the
Commission and to any other person approved generally or specially by the Commission.
(4) The Commission may investigate the question whether or not it would be desirable to have any area
proclaimed a park or reserve or included in a park or reserve and may, subject to section 12(1), make
recommendations to the Minister accordingly.
(5) If any area of land in respect of which an investigation has been carried out in terms of subsection
(4) is thereafter proclaimed to be a park or reserve or included in any park or reserve, anything done by
the Commission withthe approval of the Minister in connection with the control, management or
maintenance of such area as if it were a park or reserve before such proclamation shall be deemed to
have been done after it.
Delegation of powers.
17. Upon the approval of the Minister the Commission may in respect of a particular park or reserve
delegate to any person its powers in respect of sections 16(2) and (3), 19 and 20(2):
Provided that no such delegation shall relieve the Commission of its responsibility to ensure that each
park and reserve is controlled, managed and maintained for the objects described in section 15.
The Director of national parks and his functions.
18. The Commission shall appoint a director of national parks whose functions shall be to carry out
such duties and to exercise such powers as may be assigned to him by the Commission in respect of the
national park or nature reserve.
Restriction on entry and fishing.
19. No person other than a park warden or park official in the execution of his duty shall enter or be
found in a park or reserve, or fish or attempt to catch fish by any means in a park or reserve, without
being in possession of a written permit issued by the Commission or the park warden responsible for
the administration of the park or reserve or by a park official authorised by such park warden to issue
such a permit, and then only subject to such conditions and may be endorsed on the permit:
Provided that this section shall not apply to any police, customs or excise officer entering a park or
reserve or being found therein in the execution of his official duty.
Prohibition of certain acts in parks and reserves.
20. (1) Subject to subsection (2), no person other than a park warden or park official in the execution of
his official duty shall
(a) reside, camp or picnic in a park or reserve other than in places provided for such purposes;
(b) hunt or otherwise wilfully or negligently kill or injure any animal or take, damage or destroy any
egg or nest of any bird, fish or reptile in a park or reserve;
(c) wilfully or negligently cause a veld fire or cut, damage or destroy any tree, plant or other vegetation
in a park or reserve or pick any flower or remove seed from any such tree or plant;
(d) introduce into or be in possession of any weapon, explosive, trap or poison in a park or reserve;
(e) introduce any domestic animal or allow any domestic animal to stray into a park or reserve:
Provided that domestic animals may be driven or led under proper control along any route through a
park or reserve that the Commission may designate for the purpose;
(f) introduce into a park or reserve any animal or plant of a species that is not indigenous to the area;
(g) cultivate any land in a park or reserve;
(h) remove from a park or reserve any seede, plant or animal, whether alive or dead, or any part of a
plant or animal, or any fossil, stone, mineral or other natural object whatsoever, or any object of
aesthetic, historical, archaeological, scientific, sacred or religious value or interest;
(i) dig or excavate any hole, pit or trench or otherwise interfere with the natural configuration of the
land in a park or reserve, or alter the natural flow of water in a park or reserve;
(j) pollute any water in or flowing into a park or reserve, or use any insecticide, herbicide or other
chemical or poison in such a way as to affect animal or plant life in a park or reserve;
(k) feed or wilfully molest or disturb any animal in a park or reserve;
(l) cut, carve, write on or otherwise deface any rock, building, notice board or other object, whether
natural or otherwise, in a park or reserve, or damage any fence or wall inside or on the boundary of a
park or reserve;
(m) discard any paper, wrapper, tin, bottle or any other litter in a park or reserve other than in
receptacles provided for the purpose;
(n) fly any type of aircraft over a park or reserve at an altitude of less than 500 metres above ground
level;
(o) fail to comply with the lawful order of a park warden or park official while in a park or reserve.
(2) Notwithstanding subsection (1), the Commission may, for scientific purposes or the improvement
of the park or reserve or for other good and sufficient reason, authorise any person to do any act
prohibited by this section.
(3) The Minister may by notice in the Gazette declare any road in a park o reserve to be a public road
for the purposes of the Road Traffic Law, 1965 (No. 6 of 1965).
Rights of owners and occupiers of land in a reserve.
21. (1) Subject to subsection (2) and notwithstanding section 20, the owner of any private land falling
within the boundary of a reserve, or, with such owner's consent, the occupier of such land, shall be
entitled to continue in the use and enjoyment thereof.
(2) The owner or occupier of such land, as the case may be, shall not without the prior consent of the
Commission
(a) sell or lease such land or permit any portion of such land to be occupied without first having given a
prior option to the Commission to purchase, lease or otherwise occupy such land on the same terms;
(b) construct any building, roads, dams or bridges;
(c) cause or allow any excavation or other material alteration of thenatural configuration of such land to
be made;
(d) hunt or permit the hunting of any animal on such land;
(e) cut, damage or destroy or permit the cutting, damage or destroying on such land of any tree of a
species that is indigenous to the area, or plant on such land any tree of a species that is not indigenous
to the area;
(f) wilfully or negligently cause a veld fire on such land.
(3) If any private land falls within a nature reserve and is entirely surrounded by land which is within
the reserve and is not private land, the Commission shall afford the owner of such land free access from
outside the reserve to such land by a specified route or routes along which the prohibitions of sections
19 and 20 (d), (f) and (h) shall not apply.
(4) For the purposes of sections 19 and 20 (d), (e), (f), (h) and (j) the boundary within a nature reserve
between private land and land which is not private land shall be regarded as the external boundary of
the reserve.
(5) The owner of any riparian land in relation to a public stream, the bed or any part of the bed of
which is included in a park or reserve shall have all such rights to use water from such stream as are
permitted to him under the Water Act, No. 25 of 1967, and shall for the purpose of such use be entitled
to construct, use and maintain any work which he would have been entitled to construct, use and
maintain this Act had not been passed:
Provided that, if he constructs any such work which might facilitate the entry into or exit from the park
or reserve of persons or animals (other than aquatic or amphibious animals), he shall take steps to
prevent permanently such entry or exit:
And provided further, that if such owner fails to take such steps, the Commission may itself take such
steps or cause them to be taken and recover the cost thereof from him.
(6) The expressions "riparian land" and "public stream" in subsection (5) have the respective meanins
assigned thereto in section 2 of the Water Act, No. 25 of 1967.
Penalties.
22. (1) Any person contravening section 20(b) or (c) with reference to a veld fire shall be guilty of an
offence and liable on conviction to a fine of one thousand rand or imprisonment for three years, or
both.
(2) Subject to subsection (1), any person who contravenes this Part, including any regulation made for
this Part under section 43, or who commits a breach of condition of any permit granted under this Part,
or who obstructs any member of the Commission, the director or any officer or employee of the
Commission in the execution of his functions or duties under this Part, shall be guilty of an offence and
liable on conviction to a fine of two hundred rand or imprisonment for six months or both or in respect
of a second or subsequent conviction under this section to a fine of four hundred rand or to
inprisonment for twelve months, or both.
(3) Any weapon, explosive, trap or poison used in connection with a wilful contravention of section 20
shall, in addition to any other punishment which may be imposed under this section, be declared
forfeited to the Government.
(4) Any vehicle, aircraft, vessel, animal, including a domestic animal, material or article used in
connection with a wilful contravention of section 20 may be declared forfeited to the Government
unless it is proved that the person convicted is not the owner of such vehicle, aircraft, vessel, animal,
material or article and that the owner thereof could not have prevented its unlawful use by the person
convicted.
Evidence.
23. (1) Any person found within a park or reserve while in possession of any weapon, explosive, trap or
poison shall be presumed to be hunting within the park or reserve unless the contrary is proved.
(2) Any person found within a park or reserve and in possession of the carcass or any part of a freshly
killed animal shall be presumed to have wilfully killed such animal within the park or reserve unless
the contrary is proved.
(3) Whenever in any prosecution under this Part it is alleged in the charge that an offence has been
committed in connection with or in respect of any animal or plant of the species stated in the charge, it
shall be presumed that such animal or plant was of that species unless the contrary is proved.
(4) If in any prosecution it is alleged in the charge that an act which constitutes an offence under this
Part has been committed within the boundaries of a park or reserve that act shall be presumed to have
been committed within that park or reserve unless the contrary is proved.
(5) In any prosecution under this Part any record, book or document kept by a park warden or park
official in the course of his duties shall on its production by any park warden or park official be prima
facie proof of the facts recorded therein:
Provided that the court in which any such record, book or document is adduced in evidence, may in its
discretion cause the person who made the entries therein to be summoned to give oral evidence in the
proceedings in question.
Powers of park wardens and park officials.
24. (1) Any park warden or park official acting on the orders of a park warden may, within a park or
reserve or within five miles from the boundary thereof
(a) require any person whom he has reasonable grounds to suspect has committed an offence under this
Part to produce for inspection any animal, including a domestic animal, or any plant, weapon, trap,
poison or other material article which may afford evidence of the commission or attempted commission
of an offence under this Part, or any permit or other document required to be in the possession of such
person under this Part;
(b) search without a warrant any premises, place, vehicle, aircraft, vessel, transport animal, tent,
baggage or receptacle of whatever nature if he has reasonable grounds for suspecting that there is at or
in such premises, place, vehicle, aircraft, vessel, transport animal, tent baggage or receptacle any
animal, including a domestic animal, or any plant, weapon, trap, poison or other material or article
which may afford evidence of the commission or attempted commission of an offence under this Part,
and may seize any such animal, plant, weapon, trap, poison, material or article found as a result of such
search;
(c) arrest without a warrant any person who is on reasonable grounds suspected of having committed
an offence under this Part.
(2) Any park warden or park official acting on the orders of a park warden may within the boundaries
of a park or reserve
(a) require any person who is behaving in a suspicious or unbecoming manner to leave the park or
reserve;
(b) destroy any dog or domestic cat found within a park or reserve if unaccompanied by its owner or
other person having control over it or, if accompanied by such person in the course of contravening
section 20(b).
Appointment of honorary park wardens and officials.
24. bis. (1) The Commission may by notice in the Gazette appoint any person to be an honorary park
warden or honorary park official for such period and on such conditions as the Commission may think
fit, and may terminate such appointment at any time.
(2) Save as may be otherwise prescribed, and subject to the conditions of his appointment, an honorary
park warden or honorary park official shall have all the powers conferred by this Act on a park warden
and park official respectively.
PART V
NATIONAL MONUMENTS, RELICS AND ANTIQUES
Powers and duties of the Commission in regard to national monuments, relics and antiques.
25. (1) The Commission may
(2) make recommendation to the Minister that it is in the national interest that he proclaim
(i) as a national monument, any area of land having a distinctive or beautiful scenery or geological
formation, or any area of land containing a rare or distinctive or a beautiful flora or fauna, or any area
of land containing objects of archaeological, historical, or scientific interest or value, or any waterfall,
cave, grotto, avenue of trees, old building, or any other place or object (whether natural or constructed
by man) of aesthetic, historical, archaeological, scientific, sacred, or religious value or interest;
(ii) as a relic, any fossil of any kind, any drawingor painting on stone or petroglyph known or
commonly believed to have been executed by Bushmen or other aboriginal inhabitants of Southern
Africa, or by any people who inhabited or visited Southern Africa in ancient days, and any implement
or ornament known or commonly believed to have been used by them and any anthropological or
archaeological contents of the graves, caves, rock shelters, middens, shell mounds, or other sites used
by them;
(iii) as an antique, any movable object (not being a monument or relic) of aesthetic, historical,
archaeological or scientific value or interest, the whole or more valuable portion whereof has for more
than thirty years been in any part of Southern Africa, or which was made therein more than fifty years
before the publication of such notice;
(b) make a list of all areas and objects whose proclamation under section 16 it considers desirable;
(c) take steps to ascertain the owners of any place or object;
(d) purchase or otherwise acquire any such object, or by agreement with the Government or a public
body or with a private person having the ownership or control of any such object, take such steps as
may be practicable to preserve it;
(e) take steps for the erection of tablets in suitable places giving information in siSwati and in English
about the historical events which occurred in such places;
(f) assume control over any such object requested by the person having ownership or control thereof
and as trustee for the Government accept any such object which the owner desires to donate or has
bequeathed to the Government;
(g) preserve, repair, restore or insure any monument, relic or antique under its control;
(h) lend any such relic or antique to any institution;
(j) have access through any of its members at all reasonable times to any monument, relic or antique;
(k) publish or cause to be published information relating directly or indirectly to a monument, relic or
antique;
(l) appoint caretakers to be responsible for the protection and maintenance of monuments, relics or
antiques; (Added K.OIC. 22/1973)
(m) extend any provision of section 19 or 20 to any monument or relic by notice published in the
Gazette. (Added K.OIC. 22/1973)
(2) The Commission shall
(a) when required by the Minister investigate and report upon matters relating to an area, place or
object proclaimed under section 26 or upon the desirability of so proclaiming an area, place or object;
(b) make a register of all monuments, relics and antiques. (Amended K.OIC. 22/1973)
Proclamation of monuments.
26. (1) Upon the recommendation of the Commission, the Minister may after consultation with the
Prime Minster by notice in the Gazette proclaim an area or object to be a national monument, relic or
antique, as the case may be, or increase an area proclaimed to be a monument or relic:
Provided that the proviso in section 12(1) shall mutatis mutandis apply to such proclamation.
(2) The Minister may, after consultation with the Commission, or on its recommendation, by notice in
the Gazette reduce an area proclaimed to be a monument or relic in terms of subsection (1) or cancel a
notice issued in terms of that subsection.
Acquisition of land and rights for the purposes of a monument, relic or antique.
27. Where a monument, relic or antique has been proclaimed under section 26, the Minister may, by
purchase or otherwise and, failing agreement with the owner, shall where necessary aquire by
expropriation
(a) any area of land proclaimed as a national monument or relic in terms of section 26 necessary for the
purposes of that monument or relic: (Amended K.OIC.22/1973)
Provided that upon the issue of a certificate under the hand of the Ngwenyama in terms of section 2(2),
the land referred to in such certificate shall be acquired in the manner provided for in this paragraph
and shall be transferred to the Ngwenyama in trust for the Swazi Nation.
(b) rights to construct and maintain public access roads or footpaths over any area of land to any
monument or relic;
(c) rights to construct fences, walls or gates upon such land or upon, across or beside such roads or
footpaths;
(d) rights to undertake and carry out such other activity as may be necessary for the preservation,
restoration or repair of any monument or relic.
Noting of proclamation of monument or relic in Deeds Office.
13. (1) When the Minister proposes to proclaim or has proclaimed a defined area to be a monument or
relic in terms of section 26 or when he proposes to increase or reduce or has increased or reduced any
such area in terms of section 16, , he may cause beacons to be erected on the corners of the area and
cause that area to be surveyed and a diagram thereof to be framed.
(2) When the Minister proposes to proclaim or has proclaimed a place or object other than a defined
area, as a monument relic or antique in terms of section 26, he may cause the location of that place or
object in relation to the beacons or boundaries of the land upon which it is situated, to be determined by
a survey and to be indicated upon the diagram of that land filed in the Deeds Office.
(3) When the Minister has proclaimed an area, place or object to be a monument, relic or antique under
section 26, or when he has increased or reduced any such area under that section, he shall furnish the
Registrar of Deeds with a copy of the notice in the Gazette containing the proclamation, extension or
reduction, and with a copy of any diagram which may have been made under that section in connection
with the monument or relic.
(4) The Registrar of Deeds shall endorse a reference to the said proclamation, extension or reduction,
and to any such diagram upon the title deed of the land in question filed in his office and in the
appropriate registers, and upon the owner's title deed as soon as it is lodged in his office for any reason.
Protection of monuments, relics, antiques and other objects.
29. (1) Whenever the owner of an area or object proclaimed under section 12 or 26 alienates, pledges
or lets it, he shall forthwith in writing inform the Commission of the names and addresses of the
alienee, pledgee or lessee.
(2) No person shall destroy, damage, excavate, alter, remove from its original site or export any
monument, relic or antique, or any meteorite or fossil or any drawing or painting or stone or petroglyph
known or commonly believed to have been executed by Bushmen or other aboriginal inhabitants of
Southern Africa, or any implement or ornament known or commonly believed to have been used by
them, or any anthropological or archaeological contents of the graves, caves, rock shelters, middens,
shell mounds or other sites used by them or any other archaeological or paleontological material or
object, except under the authority of and in accordance with a permit granted under this section.
(3) On application by any person in the presecribed manner the Commission may grant, subject to any
directions of the Minister, such person a permit to destroy, damage, exavate, alter, remove its original
site or export any monument, relic, antique, or other object referred to in subsection (2), specified in the
permit, at such time or within such period and subject to such conditions as may be imposed in such
permit:
Provided that the Commission shall not give any such consent, and the Minister shall not direct the
Commission to give such consent, including a direction in an appeal under subsection (4), with respect
to any monument, relic, antique or other object on Swazi nation land without the prior consent in
writing of the Ngwenyama.
(4) Whenever the Commission has refused an application made under this section, or has granted such
application subject to any conditions, the applicant may appeal against such decision to the Minister
who may confirm it or direct the Commission to grant the application subject to such conditions as he
deems fit.
(5) Whenever any person has been convicted of damaging or altering anything in contravention of
subsection (2), the Commission may
(a) by notice in writing served upon such person by post or by delivery to him personally, direct him to
effect such specified repairs or alterations to it within such period as may be specified therein;
(b) upon failure of such person to comply with such notice, effect or cause to be effected such repairs
or alterations and recover the cost thereof from such person.
Powers of entry upon land.
30. Subject to any other law, any person authorized in writing by the Minister or the Commission may
at all reasonable times enter upon any land or premises for the purpose of inspecting property to which
the prohibitions of section 29 apply or in respect of which the Commission is investigating the
desirability of proclaiming a national monument, relic or antique, or the desirability of including it in
an area of land so proclaimed as a national monument, or for the purposes of performing in relation to
such property any act authorized under sections 25 and 29.
Commission may assume control of certain monuments.
31. (1) When the Minister has proclaimed an area on Government land to be a monument or relic and
such area is under the control of a local authority or is on land which the local authority has acquired
from Government otherwise than by purchase or exchange, and the Commission is of the opinion that
the local authority concerned does not properly administer, presere or safeguard the monument or relic,
the Commission may recommend to the local authority that it take steps to administer the monument or
relic in a manner indicated by the Commission.
(2) If after the expiry of three months from the receipt by the local authority of the Commission's
recommendations it has failed to give effect thereto, the Commission may notify the local authority that
it proposes to assume control of the monument.
(3) Within a period of one month from the receipt by the local authority of the said notification the
local authority may appeal to the Minister who, after investigation, may disallow the appeal or allow it
wholly or in part on such conditions as he may think fit.
(4) If the local authority does not appeal, the Commission may, after the expiry of the said period of
one month or, if the Minister disallows an appeal, forthwith assume control over the monument or relic
and notify the local authority in writing of that fact, and the Commission shall thereupon publish a
notice in the Gazette and in a newspaper circulation in the area wherein the monument or relic is
situate, that it has assumed control over the monument or relic.
(5) When the Commission has assumed control over a monument or relic, all rights of the local
authority with reference to that monument or relic shall, during the period of the Commission's control,
vest in the Commission.
(6) The Commission may relinquish its control over the monument or relic under this section and shall
notify its relinquishment in the Gazette.
Minister may prohibit removal or export of monument, relic or antique.
32. (1) The Minister may by notice in the Gazette prohibit the removal or the export without the
consent in writing of the Commission of any object or group or collection of objects which is, in the
opinion of the Minister, capable of being proclaimed under section 26.
(2) The owner of any such object or group or collection of objects or of any object which forms part of
such group or collection who is affected by such prohibition may submit a written objection to the
Commission against such prohibition.
(3) The Commission shall transmit the objection to the Minister who may thereupon cancel, modify or
confirm the prohibition.
Powers of park wardens and park officials in respect of monuments and relics.
32. bis. Subject to any restriction s or limitations imposed by the Ngwenyama in respect of a monument
or relic in terms of the proviso to section 26(1), any park warden or park official acting on the orders of
a park warden shall, on the premises of a monument or relic and within five miles from the boundary
thereof, have the same powers as are conferred on them by section 24 for the purpose of arresting any
person who is on reasonable grounds suspected of having committed an offence under this Part or for
the purposes of obtaining any evidence in connection with such an offence. (Added K.OIC. 22/1973)
Penalties.
33. A person who knowingly
(a) fails to comply with or contravenes any provision of section 29; or
(b) contravenes any prohibition issued under section 32; or
(c) in an application to the Comission for its consent makes a statement which is false in any material
respect or supplies a drawing or photograph which is false in any material respect; or
(d) damages or destroys a tablet erected in terms of section 25(1)(e); or
(e) destroyes, damages or mars a drawing, painting or petroglyph described in section 25(1)(a)(ii) or
any sbstance near such drawing, painting or petroglyph or, without the consent of the Commission,
destroys or damages any part of a cave or rock in or on which there is any such drawing, painting or
petroglyph; or
(f) obstructs any member of the Commission or officer or employee of the Commission in the
execution of his functions or duties under this Part; or
(g) contravenes in respect of a monument or relic any provision of section 19 or 20 that may be
extended to such monument or relic by the Commission by notice published in the Gazette; (Added
K.OIC. 22/1973)
(h) contravenes a regulation made for this Part under section 43:
shall be guilty of an offence and liable on conviction to a fine of two hundred rand or in default of
payment thereof to imprisonment for six months, or both:
Provided that the Minister may by notice in the Gazette increase the penalties which may be imposed
on conviction of any of the offences described in paragraphs (d), (e) and (g), in respect of specific
monuments and relics, but such increased penalties shall not exceed one thousand rand or in default of
payment thereof to imprisonment for three years. (Amended K. OIC. 22/1973.)
PART VI
FINANCIAL PROVISIONS
Financial year.
34. The financial year of the Commission, the Swaziland National Centre, any other declared
institution and any park shall be the period of twelve months ending onthe 31st March in each calendar
year.
Revenues of the Commission.
35. The revenues of the Commission shall consist of such sums as
(a) may from time to time be placed at its disposal by Parliament;
(b) may with the approval of Parliament be raised for its purposes by loan, in or outside Swaziland,
either by Government or the Commission;
(c) with the approval of the Minister of Finance, it may raise by means of bank overdraft or such other
means as may be determined in accordance with such provisions as may be prescribed;
(d) may from time to time be placed at the disposal of the Commission by way of grant or otherwise;
(e) may accrue to it by virtue of its operations in accordance with the provisions of this Act.
Application of funds of the Commission.
36. (1) The Commission may, subject to this or any other law, expend moneys in the proper exercise of
its duties and powers and in the proper performance of matters necessarily incidental thereto or arising
therefrom and for the purpose of meeting its lawful debts and obligations.
(2) Every payment from its funds shall be made by the chief executive officer of the Commission at the
direction of the Commission, or of a finace subcommittee appointed under section 6(2).
(3) No expenditure shall be incurred by the Commission unless it can be properly charged to an item in
the annual estimates or supplementary estimates approved by the Minister in terms of section 37.
Annual estimates.
37. (1) The Commission shall on a date which the Minister may determine, failing which not later than
two months before the commencement of the financial year, submit to the Minister detailed estimates
of its revenues and expenditures for the ensuing financial year in such form as he may approve.
(2) Subject to subsection (3) the Minister may
(a) approve such estimates without amendment; or
(b) disallow or amend any item or any part of any item therein which, in his opinion, is unlawful,
excessive or unnecessary; or
(c) disapprove such estimates.
(3) The Minister shall prior to disallowing, amending or disapproving any such estimates give the
Commission an opportunity of making representations to him thereon.
(4) If any additional financial provisions required during any financial year, supplementary estimates
shall be submitted by the Commission and the provisions relating to the annual estimates shall mutatis
mutandis apply.
Investment of funds.
38. Any funds of the Commission which are not required for immediate use may be
(a) placed on deposit with any commercial bank or the Swaziland Credit and Savings Bank;
(b) with the consent of the Minister for Finance, invested with Government, any statutory body or a
building society registered in Swaziland, or in such other manner as the Minister for Finance may
approve.
Annual Report.
39. The Commission shall, within three months after the end of each financial year, furnish the
Minister with a report on its operations, including the operations of all declared institutions and parks.
Accounts.
40. The Commission shall keep proper books and accounts of all its financial transactions, which shall
be audited annually by the Director of Audit, and the balance sheet, together with a revenue and
expenditure account, when so audited, shall be published in the Gazete, and laid on the table in both
houses of Parliament.
Exemptions from duties, taxes and fees.
41. Notwithstanding anything to the contrary in any other law, no duty, tax or fee shall be payable by
the Commission, a declared institution or a park, reserve or monuments to the Government in respect
of anything done or any transaction done under this Act, or in respect of any document required in
connection with anything done or any such transactions where the duty, tax or fee would otherwise be
payable by the Commission, declared institution, or park. (Amended K. OIC. 22/1973.)
PART VII
GENERAL
Acquisition of Property.
42. The provisions of the Acquisition of Property Act, No. 10 of 1961, shall mutatis mutandis apply to
any expropriation of property under sections12, 14, 16 and 27 or under any other provision of this Act.
(Amended K. OIC. 22/1973)
Regulations.
43. After consultation with the Commission, the Minister may make regulations, not inconsistent with
this Act
(a) as to the conduct of the business of the Commission;
(b) in consultation with the Minister for Finance, as to the tariff at which travelling and subsistence
expenses are to be paid to a member of the Commission;
(c) as to the duties, remuneration, leave and other conditions of service of officers and employees of the
Commission;
(d) as to the investigation of charges of misconduct or inefficiency against any person employed by the
Commission, and the punishment to be imposed on or other steps to be taken against such person
against whom such a charge has been established;
(e) as to the control, management, utilization and disposal of all moneys received by the Commission;
(f) in relation to declared institutions, as to the safety and good custody and preservation of the
property of any such institution;
(g) in relation to national parks, nature reserves, national monuments, relics and antiques, as to the
protection, preservation, restoration and maintenance of all such places and objects proclaimed under
this Act, including the imposition of fees for admission to such places; and
(h) generally, as to all matters for which he deems it necessary or expedient to make regulations in
order to carry into effect the principles and purposes hereof. (Amended K. OIC. 22/1973.)
Nonapplication of certain laws to parks, reserves, monuments and relics.
43. bis. The provisions of the Wild Birds Protection Act No. 45 of 1914, the Protection of Freshwater
Fish Act No. 75 of 1937, and Game Control Act No. 37 of 1947, the Flora Protection Act No. 45 of
1952, the Game Act No. 51 of 1953 and the Grass Fires Act No. 44 of 1955 shall not apply within the
boundaries of anypark, reserve, monument or relic proclaimed under this Act. (Added K. OIC.
22/1973.)
Repeal and Saving.
44. The Natural and Historical Monuments Proclamation (Cap. 217) is hereby repealed, but any
monument, relic or antique proclaimed under Cap. 217 shall be deemed to have been proclaimed under
section 26 of this Act.