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LESOTHO

The Historical Monuments,Relics, Fauna,and Flora Act, -'ctn° 41 of 1967

(Date of Assent: 13th December, 1967) (Date of Commencement: 22nd December, 1967)

To provide for the preservation and protection of natural and historical monuments, relics. antiques, fauna and flora and for connected matters, Enacted by the Parliament of Lesotho

1, This Act may be cited as the Historical Monuments, Relics. Fauna and Flora Act, 1967.

2. In this Act unless the context otherwise requires- "antique" means an object proclaimed as such by the Minister under the provisions of section 8 ; "commission" means the commission established by'section3 ; "fauna" means any wild animal, any reptile (other than a poisonous snake), bird, fish or bee proclaimed as such by the Minister under the provisions of section 8 ; "flora" means any plant or tree growing without cultivation in, or which is indigenous to, Lesotho, but does not include the flower or seed of any such plantar tree unless it is ,expressly provided in a notice issued by the Minister under section 8 that the flower and seed of the flora described in such notice is also protected; "Minister" means the Minister of the Government for the time being responsible for education and includes an Assistant Minister to the extentthathe is authorised by the Minister to perform the duties and exercise the powers of the Minister under this Act ; "monument" means an area or object proclaimed as such by the Minister under the provisions of section "relic" means an object proclaimed as such by the Minister under the provisions of section 8 ;

3. (1) There is hereby established a commission to be known as the "commission for preservation of Natural and Historical Monuments, Relics and Antiques and the protection of Fauna and Flora", which shall be a body corporate with perpetuall$uccession and capable of suing and being sued in its own name, of acquiring and alienating property, entering into contracts and, subject to the provisions of this Act, generally of performing all such acts as are necessary for orinddental to the carrying out of its functions and duties under this Act.

(2) The commission shall consist of not less than five and not more than seven members who shall be appointed by the Minister.

(3) A member of the commission shall hold office for five years unless he sooner resigns or his appointment is terminated under the provisions of subsection (8) and a retiring member shall be eligible for re-appointment.

(4) When a vacancy occurs on the commission by death or resignation, absence from Lesotho, illness or otherwise, the Minister may appoint a person to fill that vacancy for the unexpired portion of the period for which the member which the member whose office has become vacant had been appOinted.

(5) Members of the commission shall choose one of their number to be chairman; if at any meeting of the commission the chairman is absent, the members present shall choose one of their number to be chairman of that meeting.

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (C UNESCO).

(6) The member presiding as chairman at a meeting of the commission shall have a deliberative vote as well as a casting vote.

(7) Three members present at a meeting of the commission shall constitute a quorum and a decision of a majority of members of the commission present at a meeting shall be deemed to be a decision of the commission.

(8) A member of the commission shall vacate his office - (a) if he has been absent from three consecutive meetings of the commission without the permission oHhe

chairman; or (b) if he is in the opinion of the Minister unable or unfit to discharge the functions and duties ofa member of

the commission.

4. (1) The commission may- (a) make a list of all objects whose proclamation under section 8 it considers desirable; (b) take steps to ascertain the owners of any object; (c) purchase or otherwise acquire any such object or by agreement with the Government or any public body

or with any private person having the ownership or control of any such object, take such 'steps as may be practicable to preserve it ;

(d) take steps for the erection of tablets in suitable places giving information in both official languages of Lesotho about historical events which occurred at such places;

(e) assume control over any such object if requested by the person having the ownership or control thereof so to do, and as trustee for the Government accept any such object which the owner desires to donate or has bequeathed to the Government;

(f) preserve, repair, restore or insure any monument, relic, or antique under Its control; (g) lend any such relic or antique-to any museum or other public institution,;' (h) recommend to the Minister the proclamation of anY sueh objects In terms of section 8 ; and (i) through any of its members have access at aU reasonable times to any monument or relic proclaimed

under section 8. ..

(2) The commission shall - (a) when required by the Minister investigate,and report upon any matter relating to any object proclaimed

under section 8 or upon the desirability/of so proclaiming any object ; (b) on or before the thirty-first day of·;Oecember in eVery year furnish to the Minister a report upon its work

during the year ended on thirty.:.first day of1'i/larch last preceding and on any other matters connected with the preservation of monuments, relics and antiques which it may desire to bring to the attention of the Minister; and '

(c) make a register of all the monuments, relics, antiques, fauna, and flora proclaimed as such under section 8. '

5. No remuneration shall be paid to the menibers of the commission, but each member may draw from the funds of the commission his reasonable expenses for travelling and subsistence while engaged upon the business of the commission at such rates as the Minister'may prescribe.

6. The funds of the commission shall consist of such grants, donations, fees, and annual subscriptions as may from time to time be made to it or be payable to it.

7. Save with written consentof1he Minister, the commission shall not alienate, hypothecate, or let any object which is its property or for which it is trustee as aforesaid.

8. The Minister may from time to time on the recommendation of the commission by notice in the Gazette, proclaim to be-

(a) a monument, any area of land having a distinctive or beautiful scenery or geological formation, any area of land containing a rare or distinctive or beautiful flora or fauna, any area of land containing objects of archeological, historical or scientific interest, any waterfall, cave, grotto, avenue of trees, old tree or old building and any other object (whether natural or constructed by man) of aesthetic, historical, archeological or scientific value or interest;

(b) a relic, any fossil of any kind, any drawing of painting on stone or petroglyph known or commonly believed to have been executed by Bushmen or other aborigines 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 archeological contents of the graves, caves, rock, shelters, middens, shell mounds or other sites used by them;

DISCLAIMER: As Member States provide national legislations, hype~inks and explanatory notes (~any), UNESCO does not guarantee their accuracy, nor thair up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (el UNESCO).

(c) an antique, any movable object (not being a monument or a reliC) of aesthetic, historical, archeological, or scientific value or interest, the whole or more valuable portion of whereof has for more than one hundred years been in any part of southern Africa, or which was made therein more than one hundred years before the publication of such notice ;

(d) protected fauna or flora, any fauna or flora, the species or kind whereof is described in such notice.

9. (1) Whenever the owner of any object, proclaimed under the provisions of section B alienates, pledges, or lets it be shall forthwith inform the commission of the name and address of the alienee, pledgee or lessee.

(2) No person shall, without the written consent of the commission destroy or damage any monument or relic or make any alteration thereto or remove it from its original site or export it from Lesotho.

(3) A person desiring to remove a monument or relic from its original site or export it from Lesotho shall~en applying to the commission for its consent, supply the commission with a drawing or photograph of the monument or relic in question and shall state the exact locality in which it is situated and the place to which and purposes for which it is desired to remove or export it.

(4) No person having control of any antique shall without the written consent of the commission destroylOr damage it or export it from Lesotho.

(5) A person desiring to export an antique from Lesotho shall when applying to the commission for its consent supply the commission with a photograph and description thereof and shall state the place to which and the purposes for which it is desired to export the antique.

10. (1) No person shall without the written consent of the commission destroy or damage or remove from its original habitat or export from Lesotho any fauna claimed under section B.to be protected fauna.

(2) No person shall without the written consent of the commission destroy or,tlamage or remove from its original site or export from Lesotho any flora proclaimed under section Bto be protected flora.

11. (1) The Minister may, on the recommendation oNhe commission, by'notice in the Gazette prohibit the removal or the export, without the consent in writing of the commission, ofany object or group or collection of objects which is, in the opinion of the Minister, capable of being proclaimed under section B.

(2) The owner of any such objects or group or collection Of objects or of any object which forms part of such group or collection who is affected by any such prohibition, may SUbmit to the commission an objection in writing to that prohibition. The commission shall transmitlhat objection to the Minister who may thereupon cancel, modify or confirm the prohibition.

12. A person who knowingly- (a) fails to comply with or contravenes any provision of section 9 or section 10 ; or (b) contravenes any prohibition issued under section 11 ; or (c) in an .application to the:c;ommission for its consent makes a statement which is false in any material

respect or supplies therewith any drawing or photograph which is false in any material respect; or (d) damages or destroys any tablet erected in terms of paragraph (d) or subsection (1) of section 4 ; or (e)tlestroys, damages or mars any drawing, painting or petroglyph described in paragraph (b) of section B

.orany substance near such drawing, painting or petroglyph, or without the consent of the commission destroys or .damages any part of a cave or rock or on which there is any such drawing, painting or petroglyph; or

.,(f) withoutlhe consent of the commission destroys, damages or disturbs any grave, cave, rock shelter, midden or shell mound described in paragraph (b) of section B,

shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred rands or in default of payment to imprisonment for a period not exceeding six months.

13. The Minister may, after consultation with the commission, make regulations, not inconsistent with this Act, generally carrying into effect the principles, purposes and provisions of this Act, and in particular but without prejudice to the generality of the foregoing, he may make regulations prescribing -

(a) the procedure in connection with meetings of the commission; (b) the qualifications of its members; and (c) the rates of travelling and subsistence allowances to be paid to members of the commission.

14. The protection of Relics, Fauna and Flora Proclamation is hereby repeated.

DISCLAIMER: As Member States provide national legislations, hypertinks and explanatory notes (~any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (Cl UNESCO).

Proclamation of Monuments, Relics, Fauna and Flora (Legal Notice No. 36 of 1969)

In exercise of the powers conferred on me by the provisions of section 8 of the Historical Monuments, Relics, Fauna and Flora Act, 1967, I,

Anthony C. Manyeli, Minister of Education, hereby proclaim the following to be :

Monuments The rock painting site Ha Khotso, Maseru District. The deposits of petrified wood on the top and slopes of Thaba-Tsoeu, Mahole's Hoek District. The fossil bed and fossil footprint site of Maphutseng, Mohale's Hoek District. The fossil footprint site of Moyeni, Quthing District. The nature reserve, archeological site and cave house of Masitise-Seqhobo, Quthing District: The top of Thaba-Bosiu Fortress, Maseru District, taking into due cognizance the full rights and traditions of the Basotho chiefs and people. Major Bell's Tower at Hlotse, Lebribe District. The remains of the Fort at Fort Hartley, Quthing District. The top of the Mount Moorosi Fortress, Quthing District.

B2llg All engravings and painting on stone, commonly known as Bushman paintings I itsoantso'tsa Baroa. All fossil footprints and other markings, commonly known as dinosaur footprints / mehato ea liphoofolo tsa khale e setseng matlapeng. . All fossil remains, whether of plant or animal origin / masapo kapantlamale lifateisefetohileng lejoe. All archeological depOSits / lintho tse siiloeng ke batho ba mehla ea,khale (Baroa.leba bileng Lesoto pele ho Baroa, Ie Basotho ba khale)

Protected Fayna All antelopes and bucks / mefuta eohle ea linyamatsana, liphofu, litsephe Ie matsa All baboons and monkeys / litsoene Ie likhabo . All bushpigs and warthogs / mefuta eohle ea Ilkolobe, Ie likolobemoru. All antbeats, scaly anteaters and ratels / meMa eohle ealithakali, likhaha Ie lisele All porcupines and hedgehogs / linoko le.lihlong. All springhares / litsipho Ie litsipjoane, All otters and mongooses / mefuta,aaliqlbi, matobika bosamane Ie lehlahare. All leguaans and varanas I mefutaea lipolometsi le.kang qamo Ie phathakalle. All tortoises and terrapins / mefutaea likhulu lekhulu-ea- metsi.

The following birds, including their eggs and'nests All bearded vultures /seoli'/lammergllyer. All cranes, storks .andtnerons / mefuta ea mehololi Ie mekotatsie Ie kokolofitoe. All hammerheads"lmasianoke. . All birds of prey / linonyana tsohfetse phelang ka nama tse kang ntsu, khajoane. All egerts Imaholosiane, All secretary birds / mamolangoane. All hQopoes and sunbirds I phupupu Ie taletale.

Protected Flora All aloes, with particular reference to the aloe polyphylla, inculding its seeds and flowers / makhala 'ohle haholo-holo kharatsa, esita Ie peo Ie palesa tsa 'ona. All bamboos / leqala. All protea / sekila. All wild olive tree / mohloare. All cussonia / motsetse. All rhus burchelli / mokhloamphiri. All celastrus / sefeamaeba. Alileucoxiion / phukhu. All heteromorpha / monkhoane. All euclea / mohlakola.

DISCLAIMER: As Member States provide national legislations, hype~inks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-<lating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non·

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (C UNESCO).

All grewia Ilesika. All chilianthus Ilelora. All gladiolus species.

An Act to amend the executive law to create the department of information and cultural affairs,

1965

(extract)

It is enacted by the Senate and House of Representatives of-the Republic of Liberia, in Legislature Assembled

Section 1. The Executive Law is hereby amended by adding thereto a new chapter to be chapter 22 entitled THE DEPARTMENT OF INFORMATION AND CULTURAL AFFAIRS to read as follow

CHAPTER 22. THE DEPARTMENT OF FORMATION AND CULTURAL AFFAIR

§657. Department Created-

(... )

(... )

There shaUlIe established in 1heExecutive Branch of the Government a departmentof Information and Cultural Affairs to be administrated by a Secratary of Information and Cultural Affairs, who shall be appointed by the President by and with the advice and consent of the Senate and who shall serve at the pleasure of the President. The Secretary of Information and Cultural Affairsllhall be charged with the responsibility, direction and supervision of all patters relating to Information and cultura1 programs of the Government of Liberia.For this purpose he shall:

Organize, supervise and encourage the mass production, improvement and popularization of Liberia's Indigenous arts and handicrafts; establish, operate and maintain a National Cultural Center and an Ethnographical Museum, and plan and execute programs for the further enhancenent of the folklore, mores and indigenous culture of the nation;

Organize, foster and promote a tourist industry for which purpose he shall enquire into, collect and publicize all information pertaining to historical sites"landmarks and places of natural scenic beauties, wherever found through-tourist attractions;