Safeguarding of Swazi areas Act 1910 (No. 39 of 1910)

SWAzt AffAIRS: ACT 39,1910 ss.t ,5 THE SAFEGUARDlNG OF SWAZI AREAS ACT Irate ,jl commeflcemellf: 25rh Julv, /9fO . .-III ,-lcr tv make provision {or the prosection of the rig/us of tke 5"',1=i people 10 areas set apart onder lire Concessions Panition ..-k! for r/wir SO[;f (/I/li exclusive use and occupation, Short rille. 1. This Act may \:'" cited ns tht' S;,ft'g"lHlrrling nf Swa7i Areas Act. 1910. De/illiriolls. 1. III rhio Act "Swazi area" means any piece of land set apart for the sote and exclusive use and occupation of the Swazi nation under section :2 at the Concessions partition AC[ No. 28 M 1907; "garne: and "hunt have the meanings respecuvety asstgneuro 1!t::1Tl by uie Gause Act No. 51 of 1953; "mineral concession" means any concession made by or on behalf or' the Ng-ve­ nynma. and confirmed either by the hue Chid' COlin of Swaziland or by the High commrsstoocr under the r.oncesstons Act rvo. J or 191;~. .s" "'':; c1 right to precious or base rncruls. precious stones, milicr~lis or mu.cra! products on 'loy urecs ; Use of rand in Swazi areas. 3. (.I) No person other than a Swazi shall without the written permission of the Ngwe· nyama use or occupy any portion of a Swazi area or allow any cattle or sheep which are his property or in hi) char-ge to g-raze upon o.n)' Swcz.i urea or burn sro.~~ or caUE" it to be burnt on any Swazi area: Provided that this section shall not affect the exercise in respect of any Swazi urea of rights created by law or held under any mineral concession. (2.) Any permission referred [0 in !IUssecuon may at any time be witbdruwn by oouce in writing from the Ngwenyama. Huntine ill Swa-i areas. 4. No person other than a Swazi shall hunt any game on any Swazi area without the written permission of the Ngwenyama. O)ji?!l~'e and penalty. 5. Any person who contravenes sections 3 or 4 shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred rand and in default of payment thereof to impri~onment for a period not exceeding three months. <;TATUTES OF SWAZILAND Judgment jor damage caused. sS.6~ 6. (1) whenever any person is convicted of an offence under this Act and it appears that he has by that offence caused damage to any Swazi area the court convicting him may at the request of the Ngwenyama but in the presence of the convicted person enquire summarily and without pleadings into the amount of damage so caused. (2) Upon proof of such amount the court shall give judgment therefor in favour of the Ngwenyama and against the convicted person and such judgment shall be of the same force and effect and be executable in the same manner as if il had been given in a civil action duly instituted before such court: Provided that iudement shall not be niven under this section for a sum exceeding the civil jurisdiction of such court. (3) The Ngwcnyama shall distribute any amount recovered by him under this section among the Swazis who appear to him to have been affected by such damage or shall other­ wise apply such amount for the benefit of such Swazis according to his discretion. (4) Where judgment has been given in favour of the Ngwenyama UDder tbis section no action in respect of such damage shall be maintainable by any other person. 2 'l)).e -Governmc:m Printer, Mbabane