Summary Schedule of Legislation Relating to Land & Water, Human Settlements and Urbanisation


Compiled by Mike McDermott

Present Implementing Ministry Status
Acquisition of Property Act (Land), 10/1961 MHUD Rarely used
Administration of Estates Act (Estates), 29/1902 Justice Active
Ancillary Rights Act 59/1950 - Not used
Arbitration Act 24/1904 Justice Active
Building and Housing Act, 34/1968 MHUD Active
Building Operations Regulations 34/1968 (1) MHUD Active
Building Forms Regulations 34/1968 (2) MHUD Active
Standard Building Regulations 34/1968 (3) MHUD Active
Cattle Routes Act 15/1918 MoAC
Concessions Act (Land), 3/1904 MNRE Rarely used
Concessions Partition Act (Land), 28/1907 MNRE Rarely used
Constitution Act, 50/1968 P.M. Repealed but some sections saved
Contracts by Swazi Chiefs Act, 14/1924 Tinkhundla Active
Control of Tree Planting Act,7/1972 MOAC/MNRE Active
Co-operative Societies Act, 28/1964 MOAC Active
Co-operative Societies Regulations, 28/1964 MOAC Active
Crown Lands Disposal Act, 13/1911 MHUD Active
Crown Lands Disposal Regulations, 13/1911 MHUD Active
Crown Lands Act, 9/1949 MHUD Active
Crown Lands (Conditions) Act, 2/1968 MHUD Active
Crown Lands (Temporary Occupation) Act (Land), 22/1964 MHUD Not used
Crown Lands (Temporary Occupation) Regulations 1964 MHUD Not used
Death Duties Act, 15/1942 Justice Rarely used
Declaration of Controlled Areas, 34/1968
Declaration of Public Roads, 40/1931
Deeds Registry Act, 37/1968 Justice Active
Deeds Registry Regulations, 37/1968 (as amended by LN 24/73), LN 54/73 and LN 85/73) Justice Active
Deeds Registry (Amendment) Decree, 1/1988 Justice Not used
Definition of Swazi Areas Act, 41/1916 Tinkhundla -
Electricity Act, 10/196 MNRE Active
Environment Act, 15/1992 MNRE Active
Explosives Act, 4/1961 MNRE Active
Explosives Regulation, 4/1961 MNRE Active
Farm Dwellers Control Act (Land), 12/1982 MNRE Active
Farm Dwellers Control (Agreement) Regulations, 1983 MNRE Active
Fencing Act (Land), 7/1904 MHUD/MOAC Rarely used
Finance (Amendment) Act, 5/1994  Finance Active
Human Settlements Authority Act, (Application) Notice 72/1988 MHUD Active
Human Settlements Authority Act, (Amendment) 13/1992 MHUD Active
Immovable Property (Race Discrimination) Act, 46/1968 Home Affairs Active
Income Tax (Consolidation) Order (Revenue), 21/1975 Finance Active
Income Tax (Amndmnt) Act, 6/1994 Finance Active
Intestate Succession Act (Civil Law), 3/1953 Justice Active
Kings Order in Council, 4/1954 MOAC Active
Land Concession Order, 15/1973 MNRE/MoJ Rarely used
Land Speculation Control Act (Land), 8/1972 MNRE Active
Land Speculation Control Regulations, 8/1972 as amended by LN 67/72 and LN 7/74) MNRE Active
Land Survey Act (Land), 46/1961 MNRE Active
Land Survey Regulations, 46/1961 (as amended by LN 43/70, LN 58/71, LN 2/74 and LN 80/75) MNRE Active
Land Survey (Qualification of Land Surveyors) Regulations, 46/1961 MNRE Active
Land Tax Order (Revenue), 35/1974 Finance Not used
Marriage Act (Family), 47/1964 Justice Active
Mineral Concessions Commutation Act, 38/1912 MNRE Active
The Mining Act, No. 5/1958 MNRE Active
National Housing Board Act, 3/1988 MHUD Active
National Trust Commission Act, 9/1972 MNRE Active
Natural Resources Act (Natural Resources), 71/1951  MNRE Active
Natural Resources (Public Stream Banks) Regulations, 71/1951(1) MNRE Active
Private Forests Act (Agriculture), 3/1951 MoAC Active
The Rating Act, 5/1995 MHUD Active
Rating Act (Local Government), 24/1967 MHUD Repealed
Rating Regulations (Local Government), 24/1967 MHUD Repealed
Rights of Way (Cancellation) Act, 16/196 MNRE Not used
Roads and Outspans Act (Roads), 40/1931 MoWC Active
Safeguarding of Swazi Areas Act (Swazi Affairs), 39/1910 Tinkhundla Active
Stamp Duties Act, 37/1970 Finance Active
Sub-Division of Land Act (Land), 7/1957 MNRE Active
Swazi Administration Act (Swazi Affairs), 79/1950 Tinkhundla Active
Swazi Administration (Amendment), Act 6/1979 Tinkhundla Active
Swazi Graves Act (Swazi Affairs), 18/1909 Tinkhundla Active
Swaziland Railways Act (Railways), 15/1962 Transport Active
Swazi Land Settlement Act (Swazi Affairs), 2/1946 Tinkhundla Not used
Swazi Land Settlement Rules, 2/1946(1) Tinkhundla -
Town Planning Act (Land), 45/1961 MHUD Active
Transfer Duty Act (Revenue), 8/1902 Finance Active
Urban Government Act, 8/1969 MHUD Active
Urban Area (Sub-Division) Regulations, 1930 MHUD Active
Vesting of Land in King Order, 45/1973 MNRE/MHUD Active
Water Act (Natural Resources), 25/1967 MNRE Active
Water Services Corporation Act MHUD Active
Wills Act (Civil Law), 12/1955 Justice Active

Legislation at Draft Stage

Residential Tenancies Bill, 1996 MHUD Suspended
Sub-Division and Use of Rural Land Bill, 1996 MNRE In progress
Sectional Titles Bill, 1996 MHUD Imminent
Land Bill, 1996 MHUD Imminent
Valuers Bill, 1996 MNRE Imminent
Engineers, Architects and Surveyors Bill, 1996 MoWC Imminent
Urban Government Act & Regulations MHUD In progress
Solid Waste Disposal Act & Regulations MTEC In progress
Water Act MNRE In progress
Note that the draft Land Bill will involve the repeal, consolidation or amendment of many of the above Acts.

Further note that there are also reviews of various land-related statutes under way or planned - e.g. the Land Speculation Control Act, the Planning Act, the Building Act...

Summary Schedule of Legislation Relating to Tourism/Ecotourism

Control of Tree Planting Act, 7/1972 MOAC/MNRE Active
National Trust Commission Act, 9/1972 MNRE Active
Natural Resources Act (Natural Resources), 71/1951 MNRE Active
Natural Resources (Public Stream Banks) Regulations, 71/1951(1) MNRE Active
Private Forests Act (Agriculture), 3/1951 MoAC Active
Forest Preservation Act, 14/1910
Flora Protection Act, 45/1952
Game Act, 51/1953
Game Control Act, 37/1947
Game Licence Fees, 51/1953
The (revised) Game Act of 1990
Wild Birds Protection Act, 45/1914
Protection of Freshwater Fish Act & Regulations, 75/1937 MoAC
Animal Diseases Act, 7/1965
Grass Fires Act, 44/1955
Hotel & Restaurant Taxation Order, 21/1973
Hotel Registers Act, 1/1909
Protected Places and Areas Act, 13/1966
Rifle Association Act and Regulations, 61/1940
Shop Hours Act, 75/1955
Variation of Close Season, 51/1953
Wattle Bark Control Act & Regulations, 38/1960 MoAC
Wild Mushroom Control Order, 31/1973 MoAC
Aviation Act & Regulations, 31/1968
Carriage by Air Act, 00/1953
Cane Growers Act, 12/1967
Casino Act, 56/1963
Liquor Licences Act & Regulations, 30/1964
Urban Government Act, 8/1969
Plant Protection Act & Regulations, 10/1958
Road Traffic Act & Regulations, 6/1965
Visit Conditions, 32/1964
Immigration Act & Regulations, 32/1964
Identity & Travel Documents Act, 54/1959

Summary Schedule of Legislation Relating to Manufacturing

Factories Machinery & Construction Works Act and Regulations, 17/1972
Environment Act, 15/1992 MNRE Active
Geneva GATT Act, 75/1948 MoAC
Import Control Regulations, 46/1939(3)
Income Tax - various - 21/1975, 84/1959(1, 2 & 3), 29/1970, 22/1971, 2/1973, 28/1973
Industrial Conciliation Act, 12/1963
Industrial Training Act, 13/1967
National Industrial Development
Swaziland Development & Savings Bank Order, 49/1973
Trading Licences Order & Regulations, 20/1975
Trade Unions Employer's Organisation Act and Rules, 12/1966
Wages Act and Regulations, 16/1964
Urban Areas Act, 8/1969
Corporation Act, 17/1971
Patents, Designs and Trade Marks Act, 72/1936
Protection of Names, Uniforms and Badges Act, 10/1969
Water Act 25/1967; Purification of Industrial Water and Effluent Regulations
Registration of Businesses Act and Regulations, 42/1933
Registration of Employers Order and Regulations, 23/1974, 1/1975
Registration of Eligible Employees Regulations, 23/1974
Registration of United Kingdom Trade Mark Rules, 72/1936
Workmen's Compensation Act & Regulations, 4/1963
Companies Act, 7/1912
Disposal or Use of Petrol Regulations, 46/1973, 150/1941
Electricity Act, 10/1963
Employment Act & Regulations, 51/1962 Repealed 1980
Exchange Control Order, 40/1974
Graded Tax Act & Regulations, 39/1962
Labour Advisory Board Act, 16/1966
Prohibition of Export, 49/1939
Industrial Relations Act, 1996 MoJ Active
Patents, Utility Models and Industrial Design Act, 1996

Summary Schedule of Legislation Relating to Mining

Mineral Concessions Commutation, Act 39/1912 MNRE Active
The Mining Act, 5/1958 MNRE Active
The Mines, Works and Machinery Act, 61/1960 MEE
Mineral Rights Taxation Order, 34/1973 MoF

Summary Schedule of Legislation Relating to Biodiversity

Flora Protection Act, 45/1952
Forest Preservation Act, 14/1910
Game Act, 1990
Hides and Skins Act, 65/1955
Importation of Bees Act, 16/1910
Noxious Weeds Act, 19/1929
Plant Protection Act, 10/1958
Protection of Fresh Water Fish Act, 75/1937
Variation of Close Season, 21/1953
Wattle Bark Control Act, 38/1960
Wild Birds Protection Act, 45/1914
Wild Mushroom Control Order, 31/1973

Summary Schedule of Legislation Relating to Agriculture

Animal Diseases Act, 7/1965
Cane Growers Act, 12/1967
Canning Control Act, 69/1961
Cattle Dipping Charges Act, 46/1950
Cattle Export and Slaughter Tax, 32/1968
Cattle Routes Act, 15/1918
Citrus Act, 22/1967
Control of Cerals Act, 28/1959
Control of Milling Charges, 150/1942
Control of Tree Planting Act, 7/1972
Cotton Act, 26/1967
Cruelty to Animals Act, 43/1962
Dairy Act, 28/1968
Grass Fires Act, 44/1965
Land and Agricultural Loan Fund Act, 34/1929
Locust Destruction Act, 44/1924
Noxious Weeds Act, 19/1929
Pineapple Act, 8/1967
Plant Protection Act, 10/1958
Private Forests Act, 3/1951
Protection of Fresh Water Fish Act, 75/1937
Regulation of Pedigree Livestock Act, 11/1921
Sale of Wool Act, 29/1942
Stock Theft Act, 6/1904
Tobacco Act, 52/1944
Transfer of the Assets and liabilities of the Swaziland Livestock Producers Trust to the Ngwenyama Order, 17/1974
Wattle Bark Control Act, 38/1960
Wild Mushroom Control Order, 31/1973

Summary Schedule of Legislation Relating to Environmental Health

Conveyance and Burial of Dead Bodies Act, 33/1970
Pounds Act, 24/1966
Water Act, 25/1967
Swazi Administration Act, 79/1950
The Mining Act, 5/1958
Swaziland Water Services Corporation Act, of 1992
Kobwa, 1992
Building Act, 34/1968
Natural Resources Act 71/1951 & Natural Resources (Public Stream Banks) Regulations, 71/1951
Swaziland Environment Authority Act, 5/1992
Urban Government Act, 8/1969
Public Health Act, 5/1969

Summary Schedule of Legislation Relating to Infrastructure

Railways Regulation Act, 31/1964
Swaziland Railways Act, 15/1962
Railways Control Act, 1/1890
Electricity Act, 10/1963
Road Traffic Act, 6/1965
Roads & Outspans Act, 40/1931
Roads Transportation Act, 37/1963
Urban Government Act, 8/1969

SEAP Recommendations for Legislative Changes

Grazing Agistment Fees
Spectrum Tenure
Constitution. Granting of Universal Proprietal Rights to Clean Natural Resources (A "Polluter Pays Polluted" principle)
Rationalisation & consolidation of land management
Elimination of Gender as a Criterion for Rights Allocations
Update Water Quality, Air & Noise Pollution, and Solid Waste Disposal Standards
Incorporate Environmental Standards in Tender Evaluations
Ratify & Implement International Environmental Conventions
Eliminate the peri-urban "free ride" on the backs of urban ratepayers
Taxation and Incentive mechanisms
Efficient Administration & Distribution of Property Rights
Soil Conservation Legislation Review
Stricter Control on Agricultural Land Subdivision
Leaseholds Over SNL
Agricultural Land Use Legislation Review
Legally Enforce the Efficient Use of TDL Farms
Review Forestry Legislation
Monitor Forests re Biodiversity / Water Resources
Protection & Promotion of Indigenous Forests
Establishment of Botanical Gardens
Update Mining Legislation
Constitution - Mineral Rights in King's Hands
Update Legal Frameworks for Settlements, Environmental Health, & Infrastructure
Identification and legal protection of ecotourism attraction sites
Raising tourism promotion revenue through levies
Review of visa and passport requirements and border entry procedures & timing
Establish a Tourism Development Board
Improve licensing & taxation procedures for casinos
Establish botanic gardens and bird parks
Standards for maximum tolerable pollution levels to be established
Rationalisation of existing legislation / Development of new legislation

Suggestions or comments. This page was last updated on 03 February 2004