Concessions Partitions Act 1907 (No. 28 of 1907)

LAND: ACT 28/1907 SS. 1-2 THE CONCESSIONS PARTITIONS ACT" Date of ;;ommellcement: 19th October, 1907 All ..-ICI to provide (or the setting apart of tand for the safe and exciusive occupation o}" swc-rs. oml rlu! grnm of[rl:'i!/lold or orill.'r rig/us IV pasOI1S IwldlJlfJ concessions ill respect 0/ land 1101 so set apart. 1. This Act may be cited as the Concessions Partitions Act, 1907. In this Act, unless the context otherwise requires "Corramvsicn" .,Imll rrean the Concessions COli'!.mi;"ior, ':.:r-,c(jil'l\~Q \liili-~) section 3 of the Concessions Act No. 3 of 190-1; "concessionaire" sha!l mean in relation to a concession rhe holder (or the: time being of such conccxsion ; "land concession" shall mean any concession confirmed by the Chid' Court (other rhan a mineral concession) which confers any ritle Dr ri~ht (not being a right included in section --I of the Concessions Act N.J. 3 or IS:O+) to land Of the use thereof for agricultural or other purposes ; "later land concession' shall mean a land concession of subsequent uarc to a prior land COi1CCSSil'n, but conferring rights similar to those. :loll 0\<'1 .bc same area, or a portion or the mmo area as that. covered by nrul exercisable only after rbc expiry of, the rights gran-ed uodcr such prior land C0[1C'::',1\111: "mineral concession" shall mean a concession confirmed hy the Chief Court, conferr-ing J right (not i:Jein:; a ri;ht included in .iCC,jOIl·: of u.c CUII~::ss,.'rb Act No. J of 190:1-) 10 mine, Jig, search or orberwisc explore t"'1J precious or base me III I" or coal, or for precious ~!OI~CS, ur in rho: ~J."C of unv such "nn,{'~.,inn V,:h'2h cnnl"'rs nny vuch i ic-hr in addition to any other ri\.+t.; ~UI":!l concession in as far J., it relates to such right; "Minister" means Minister for Local Admirustranon: "prior land concession" shall mean a land concession prior in dare to J. later land concession, but conferring; rights similar to ami uvcr tbe same area. or a portion of the same area, as rhur covered by the rights conferred by such later land concession; *Fnr hi~t"ry ,mn hldq;:rOlrnd ,.,f this Act. see explanatory note to the Concessions Act. No 3 of 1904. ~TATur~~ Ut ~WALILA"LJ ss.2-5 "Special Commissioner" shall mean the person appointed to exercise all and singular the authorities, jurisdiction and duties imposed by this Act. Setting apart of land for occupation by Swazis. 3. (l) The Special Commissioner shall set apart portions of land affected by any land concession or land concessions for the sole and exclusive use and occupation by Swazis. ana shall fOr sucn purpose cause land so set apart to besurveyed and diagrams thereof framed." (2.) If no portion of the area of land the subject of a land concession is so demarcated, or if the portion or portions demarcated do no! equal in extent one-third of the area or land the subject of a land concession, the Minister may require the Special Commissioner (a) to select a defined piece or pieces of land ...hich, together with the area demarcated as aforesaid. if an)', will make up such one-third, and to demand transfer 0 f such piece or pieces of 10. nd from the concess ionai re ; or (6) to demand transfer from the concessionaire of an undivided share of such proportion of land, the subject of his land concession. as toge: her with the area dernarcarcd as aforesaid. if :HlY, will make 1l;J such one-third. (]) Such piece or piece, of land cr undivided share shall be transferred inr o (h.: nan:c of the i'd inisrer, who may in hi, discretion sell rbe same and apply the proceed, cf s:.k: ro reduction of any expenduure Incurred in t~e exercise of the powers of this section, or inJ Y exchange or otherw ise dispose of such piece or pieces of land or undivided share as to hi.:. may appear expedient. (4) Any rights ~\i{h regard to precious or Case metals. precious SWllC;, Illil;,,:,:1:i r.r mineral products e"<';Il.,j~eOLlJk, wjlt:l:H~r under a mrnerat concession or ctherwrse. lT1 respect of any portion of land demarcated, selected or transferred under this SCC[i0n s11::l1 nut ~L' affected by such demarcauon, selection or transfer bUIsuch ric:ht'.> shall be subject to section Coucessiouairc's intrrest estinguisked. 4. ([) All rights or interests conferred upon a concessionaire by hi, Ian d concession sha11, in respect 0 f any pan io n of 1'1 nd demarcated, selected or t1"0. nsferred under the p reccd ing secnon , cease and. determine. r!) Any portion not so demarcated shall be freed from any right possessed by Swazis [0 use and occupation thereof. issue offreehold title. 5. If a concessionaire has under a land concession been granted (a) title to the ownership of land; or (b) a lease of land which, with or without rights of renewal, is of not less than ninety-nine YC'Irs' duration, "For areas demarcated, see Definition of Swazi Areas Act, No. 41 of 1916. 2 LAND: AU 28(1907 ~s.5-7 there shall be issued to such concessionaire freehold title in respect of any portion of land held under such title or lease, not demarcated, selected or transferred as aforesaid, subject to ~udJ It:'l~l;s and servlrudet as may be dererrmned by the Commission under the provisions of the Concessions Act, No.3 of 1904 and to such other servitudes as may have been awarded by the Special Commissioner, and further subject to such mortgage bonds, leases or other encumbrances as are at the date of issue of such freehold tule registered against such concessi on . (Arne nded P.41! 1962) [This section must be read in conjunction with King's Order-in-Council No. I5 of 1973. Land Concession Order) Conditions of freehold titlc , 6. (I) Every grant of freehold title made under sccu-rn 5 shall be subject to the follow ing conditions (a) the grantee shall continue payment of any rents, royalries or other monies due under the concession on WlilCl11115 claim to freehold title is based: Provided however that in substitution r"or any such rents, royal ties or other monies which are payable to the Swaziland Government, the grantee may be required to pay quit-rent of such amount and at such periods as may be fixed by rcgulatiou , (b) the grantee shall not by virtue of the grant become entitled to receive unv rents, royalties or other monies payable under any concession atlccring the land included in the grant, or any portion of such land. which he was not entitled 10 receive by virtue of the concession on ,\.h ir h hi, cla irn to freehold tit le is based; (c) the grantee shall, in the event of his failing beneficially to occupy the land by himself or one or more male substitutes of full age to the satisfaction 01 the Minister, be liable to pay to the Swaziland Government niles of such amount and Ilt JU(,:11 periods d~ uray be fixed by regulation; (d) all rights to precious or base metals, precious stones, minerals and mineral products shall be excluded from the grant: with the exception 01" any such rights which are specifically granted by the concession on which the grantees claim 10 freehold title is based: (e) such other conditions not being inconsistent with the conditions above mentioned as are by the laws of the Transvaal implied in grants of Crown land. (2) The term "the arantee" as used in this section shall be Jeemllld to include any person who is the grantee's successor in title to any land included in a grant, or any portion of such land. (Amended P.41/1962.) Restrictions 011 exercise of mineral concessione. 7. (I) The Minister may by notice in the Gazette define areas which are occupied by, or are in the neighbourhood of Swazi kraals of special importance, or are the sires of the graves of Swazi chiefs, as protected areas, and notwithstanding anything contained in any mineral concession, it shall not be lawful to carryon any nrosnectine or minim! o[1t'r'1fion< in such protected areas." 3 STATUTES Of SWAZII.AND 55.7-10 (2) The exercise of rights under mineral concessions shall be subject in all respects to such rest-tcucns on the disturbance of, or interference with, water, buildings, works. kr~al<;.. cultivated land~ and other irnprovernenl£, and to such provi£ions ;lS to compens<l.tion for any such disturbance or interference as the Minister may hereafter determine. Regulations. 8. The MlIli~ter may make, alter and rescind regulations not inconsistent WIth the provisions of this Act as to the amounts and times of payment of quit-rents and fines due uedce section h. 2nd cenl'r:tll;: for Ill", h .. tt ..r r.ll(J1Iinl!' oue ,.,r 111 .. ('jhj.. i'I~ "n.1 r"rp,-,<p< nf Ih[~ Act. Registration of deduct tons, 9 (l) Notwithstanding anything in this Act, the Registrar of Deeds may call upon rhe owner or owners of any land concession to produce their title-deeds and the diagram or diaarams of such concession. (2) The Surveyor-General shall thereupon deduct from such diagram or diagrams any area or areas seiecred or -temarcaced in accordance with ellis Act, and tile R<:lllscrar or Deeds shall register such area or areas so deducted in the name of the Minister. (3) Such registration shall be deemed to be a valid transfer of the area or areas. (4) The Registrar of Deeds shalt issue to the Minister a certificate of title to the area or areas of any concession thus transferred into his name. Registration 0/1 failure 10 produce deeds. 10. If the Registrar of Deeds has, under section 9, given notice calling uoon the owner or owners of any land concession to produce their title-deeds and the diagram or diagrams of such concession, and such owner or owners have failed to produce such deeds and diagrams, it shall be competent for the Surveyor-General to deduct any such areas from the diaercm of the concession filed in his office and in the office of the Registrar of Deeds, and for the Registrar of Deeds 10 register the area Or <1rNS so deducted in the name of the Mini:;ter; and such registration shall be deemed to be a valid transfer, and the Registrar of Deeds shall issue to the Minister a certificate of title to the area or areas thus transferred into his oa-ac. "See also Swazi Graves Act No. 18 of 1909 md the Mining Act No.5 of 1958 Tho Government Printer, Mblblna, 4