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The National Trust Commission Act, 1972

 The National Trust Commission Act, 1972

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.