This Act was repealed on 2010-04-01 by Companies Act, 2009.
eSwatini
Companies Act, 1912
Act 7 of 1912
- Commenced on 19 February 1912
- [This is the version of this document at 1 December 1998.]
- [Repealed by Companies Act, 2009 (Act 8 of 2009) on 1 April 2010]
1. Short title
This Act may be cited as the Companies Act, 1912.2. Contents of chapter
[This section is not reprinted.]3. Interpretation
In this Act, unless inconsistent with the context—"articles" means the articles of association of a company as originally framed, or as altered by special resolution, and shall include, so far as they apply to a company, the Regulations set forth in the Third Schedule to this Act;"books or papers" and "books and papers" includes accounts, deeds, writings, and other documents;"company" means a limited or unlimited company which is incorporated and registered under Part I, and shall include every company to which, by Part VI, this Act is expressed to apply;"Court" means the High Court;"debenture" includes debenture stock;"director" includes any person occupying the position of director or alternate director of a company, by whatever name he may be called;"extraordinary resolution" means a resolution passed at a general meeting of a company in accordance with section 67(1);"foreign company" means a company or other association of persons which has for its objects the acquisition of gain by the company or association, or by the individual members thereof, and is registered or incorporated in a foreign country under the laws of that country;"foreign country" means any state, country, colony, or territory, other than Swaziland;"limited company" means a company having the liability of its members limited by the memorandum of association to the amount (if any) unpaid on the shares respectively held by them."Master" shall mean the Master of the High Court or any person lawfully acting in that capacity;"memorandum" means the memorandum of association of a company, as originally framed or as altered in pursuance of this Act;"Minister" means the Minister for Enterprise and Employment;"prescribed fee" means the fee mentioned in the First Schedule to this Act, as the fee payable in respect of any particular matter;"prescribed form" means a form set forth in the Second Schedule to this Act;"private company" means a company which by its articles.(a)restricts the rights to transfer its shares; and(b)limits the number of its members (exclusive of persons who are in the employ of the company) to a number not exceeding fifty; and(c)prohibits any invitation to the public to subscribe for any of its shares or debentures;where two or more persons hold one or more shares in a company jointly they shall be deemed for the purposes of paragraph (b) of this definition to be one member;"prospectus" means any prospectus, notice, circular, or advertisement inviting the public to subscribe for or purchase any of the shares or debentures of a company, or any direct or indirect invitation to the public to so subscribe or purchase;"Registrar" means the Registrar of Companies approved under section 212, or any person lawfully acting in that capacity;"share" means a share in the share capital of a company, and includes stock, except where a distinction between stock and shares is expressed or implied;"special resolution" means a resolution passed at a general meeting of a company in manner provided by section 67(2);"Table A" means the table of Regulations set forth in the Third Schedule of this Act;"unlimited company" means a company which has no limit on the liability of its members.[Amended P.8/1962]Part I – Constitution and incorporation
Prohibition of large partnerships
4. Prohibition of trading associations or partnerships exceeding twenty members
Memorandum of association
5. Mode of forming company
Seven or more persons (or, where the company to be formed will be a private company, any two or more persons) associated for any lawful purpose may, by subscribing their names to a memorandum of association and otherwise complying with the requirements of this Act in respect of registration, form an incorporated company with or without limited liability (that is to say), either—6. Memorandum of association of company limited by shares
7. Memorandum of unlimited company
8. Signature of memorandum of association
The memorandum shall be signed by each subscriber in the presence of at least one witness who shall attest the signature and shall, in attesting, state his occupation and address.9. Restriction on alteration of memorandum of association
A company may not alter the conditions contained in its memorandum except in the cases and in the mode, and to the extent for which express provision is made in this Act.10. Name of company and change of name
11. Alteration of objects of company
Articles of association
12. Registration of articles of association
13. Application of Table "A"
In the case of a limited company if articles are not registered, or, if articles are registered in so far as the articles do not exclude or modify the Regulations in Table A, those Regulations shall so far as applicable be the Regulations of the company in the same manner and to the same extent as if they were contained in duly registered articles.14. Form and signature of articles
Articles shall—15. Alteration of articles by special resolution
Subject to the provisions of this Act and to the conditions contained in its memorandum, a company may by special resolution alter or add to its articles; and any alteration or addition so made shall be as valid as if originally contained in the articles; and be subject in like manner to alteration by special resolution.General provisions
16. Effect of memorandum and articles
17. Registration of memorandum and articles
18. Effect of registration
19. Conclusiveness of certificate of incorporation
20. Copies of memorandum and articles to be given to members
Associations not for profits
21. Special provisions as to associations formed for purpose not of gain
21bis. Company licence
Capital | Licence fee |
---|---|
E | |
Where the nominal capital of the company does not exceed E10 000.00 | 400.00 |
Exceeds E10 000.00 but does not exceed E30 000.00 | 700.00 |
exceeds E30 000.00 but does not exceed E50 000.00 | 1 000.00 |
exceeds E50 000.00 | 1 600.00 |
Part II – Distribution and reduction of share capital, registration of unlimited company as limited, and unlimited liability of directors
Distribution of share capital
22. Nature of shares
23. Certificate of shares or stock
24. Definition of "member"
25. Register of members
26. Annual list of members and summary
27. Trust not to be entered on register
No notice of any trust, expressed, implied, or constructive, shall be entered on the register or be receivable by the Registrar.28. Registration of transfer at request of transferor
On the application of the transferor of any share or interest in a company, the company shall enter in its register of members the name of the transferee in the same manner and subject to the same conditions as if the application for the entry were made by transferee and subject also to the law for the being in force relating to stamp duty or duty upon estates of deceased persons:Provided that no transfer of vendors’, promotors’, founders’, or management shares in a company, nor any contract to transfer or dispose of any such shares shall be valid if made before the expiration of six months immediately succeeding the registration of the company.29. Transfer by legal representative
A transfer of the share or other interest of a deceased member of a company made by his legal representative shall, although the legal representative is not himself a member, be as valid as if he had been a member at the date of the execution of the instrument of transfer, subject always to the law for the time being in force relating to stamp duty or duty upon the estates of deceased persons.30. Inspection of register of members
31. Power to close register
A company may, upon giving notice by advertisement in the Gazette and a newspaper circulating in Swaziland, close the register of members for any time or times not exceeding in the whole sixty days in each year.32. Remedy for improper entry or omission of entry in register
33. Register to be evidence
The register of members shall be prima facie evidence of any matters by this Act directed or authorised to be inserted therein.34. Branch registers in foreign countries
35. Regulations as to branch register
36. Issue and effect of share warrants to bearer
37. Forgery, personation, unlawfully engraving plates, etc.
38. Power of company to arrange for different amounts being paid on shares
A company, if so authorised by its articles, may do any one or more of the following things, namely—39. Power of limited company to alter its share capital
40. Notice to Registrar of consolidation of capital, conversion of shares into stock, etc.
Where a company having a share capital has consolidated and divided its share capital into shares of larger amount than its existing shares, or converted any of its shares into stock, or reconverted stock into shares, it shall give notice to the Registrar of the consolidation and division, conversion, or reconversion specifying the shares consolidated and divided, or converted, or the stock reconverted, and until such notice is given the consolidation and division, conversion, or reconversion shall not take effect.41. Effect of conversion of shares into stock
Where a company having a share capital has converted any of its shares into stock and given notice of the conversion to the Registrar, all the provisions of this Act which are applicable to shares only shall cease as to so much of the share capital as is converted into stock; and the register of the members of the company and the list of members to be transmitted to the Registrar shall show the amount of stock held by each member instead of the amount of shares and the particulars relating to shares hereinbefore required by this Act.42. Notice of increase of share capital or of members
43. Reorganisation of share capital
Reduction of share capital
44. Special resolution for reduction of capital
45. Application to court for confirmation order
Where a company has passed and confirmed a resolution for reducing share capital, it may apply to the Court by petition for an order confirming the reduction.46. Addition to name of company of "and reduced"
On and from the confirmation by a company of a resolution for reducing share capital, or where the reduction does not involve either the diminution of any liability in respect of unpaid share capital or the payment to any shareholder of any paid-up share capital then on and from the presentation of the petition for confirming the reduction the company shall add to its name, until such date as the Court may fix, the words "and reduced" as the last words in its name, and those words shall, until that date, be deemed to be part of the name of the company:Provided that, where the reduction does not involve either the diminution of any liability in respect of unpaid share capital or the payment to any shareholder of any paid-up share capital the Court may, if it thinks expedient, dispense altogether with the addition of the words "and reduced".47. Objections by creditors, and settlement of list of objecting creditors
48. Order confirming reduction
The Court, if satisfied, with respect to every creditor of the company who under this Act is entitled to object to the reduction, that either his consent to the reduction has been obtained or his debt or claim has been discharged or has determined, or has been secured, may make an order confirming the reduction on such terms and conditions as it thinks fit.49. Registration of order and minute of reduction
50. Minute to form part of memorandum
51. Liability of members in respect of reduced shares
52. Penalties for concealment of name of creditor
If any director, manager, or officer of the company wilfully conceals the name of any creditor entitled to object to the reduction, or wilfully misrepresents the nature or amount of the debt or claim of any creditor, or if any director, manager, secretary or other officer of the company aids or abets in or is privy to any such concealment or misrepresentation as aforesaid, every such director, manager, or officer shall be guilty of an offence, and liable on conviction to a fine not exceeding two hundred emalangeni, or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.53. Publication of reasons for reduction
If any case of reduction of capital, the Court may require the company to publish as the Court directs the reasons for reduction, or such other information in regard thereto as the Court may think expedient with a view to give proper information to the public, and, if the Court thinks fit, the causes which led to the reduction.Registration of unlimited company as limited
54. Registration of unlimited company as limited
55. Power of unlimited company to provide for reserve share capital on registration
An unlimited company, having a share capital may, by its resolution for registration as a limited company in pursuance of this Act, do either or both of the following things, namely:Reserve liability of limited company
56. Reserve liability of limited company
A limited company may, by special resolution, determine that any portion of its share capital which has not been already called up shall not be capable of being called up, except in the event and for the purposes of the company being wound up, and thereupon that portion of its share capital shall not be capable of being called up except in the event and for the purposes aforesaid.Unlimited liability of directors
57. Limited company may have directors with unlimited liability
58. Special resolution of limited company making liability of directors unlimited
Part III – Management and administration
Office and name
59. Registered office of company
60. Publication of name by limited company
Meetings and proceedings
61. Annual general meeting
62. First statutory meeting of company
63. Extraordinary general meeting
64. Provisions as to meetings and votes
Save as is otherwise provided by this Act, the manner, time, and place of holding general meetings of a company (including the statutory meeting) and the regulation of proceedings at general meetings of a company shall be as provided by the articles.65. Notice to foreign shareholders in case of matters requiring the sanction of an extraordinary or special resolution
66. Representation of companies at meetings of other companies of which they are members
A company which is a member of another company may, by resolution of the directors, authorise any of its officers or any other person to act as its representative at any meeting of that other company, and the person so authorised shall be entitled to exercise the same powers on behalf of the company which he represents as if he were an individual shareholder of that other company.67. Extraordinary and special resolution
68. Registration of copies of special and extraordinary resolutions
69. Minutes of proceedings of meetings and directors
Appointment, qualification, etc. of directors
69A. Number of directors and liability of subscribers
70. Restrictions of appointment or advertisement of director
71. Qualification of director
72. Validity of acts of director
The acts of a director or manager shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualification.73. List of directors to be sent to Registrar
Contracts, etc.
74. Form of contracts
75. Promissory notes and bills of exchange
76. Execution of deeds abroad
A company may, by writing under the hands of two of its directors, or, if there be only one director, under the hand of that director and of the secretary, empower any person, either generally or in respect of any specified matters, as its agent, to execute deeds on its behalf in any foreign country; and every deed signed by such agent, on behalf of the company, shall bind the company.77. Power to companies to have an official seal for use in foreign countries
Prospectus
78. Lodging of prospectus with Registrar
79. Specific requirements as to particulars of prospectus
80. Obligations of companies where no prospectus issued
81. Restriction on alteration of terms mentioned in prospectus or statement in lieu of prospectus
A company shall not previously to the statutory meeting vary the terms of a contract referred to in the prospectus or statement in lieu of prospectus, except subject to the approval of the statutory meeting.82. Liability for statements in prospectus
Allotment
83. Restrictions as to a allotment
84. Effect of irregular allotment
85. Restrictions on commencement of business
86. Return as to allotments
Commissions and discounts
87. Powers to pay certain commissions and prohibition of payment of all other commissions, discounts, etc.
88. Statement in balance-sheet as to commissions and discounts
Where a company has paid any sums by way of commission in respect of any shares or debentures, or allowed any sums by way of discount in respect of any debentures, the total amount so paid or allowed or so much thereof as has not been written off, shall be stated in every balance-sheet of the company until the whole amount thereof has been written off.Payment of interest out of capital
89. Power of company to pay interest out of capital in certain cases
Where any shares of a company are issued for the purpose of raising money to defray the expenses of the construction of works or buildings or the provision of any plant which cannot be made profitable for a lengthened period, the company may pay interest on so much of that share capital as is for the time being paid up for the period and subject to the conditions and restrictions in this section mentioned, and may charge the same to capital as part of the cost of construction of the work or building, or the provision of plant:Provided that—Certificates of shares, etc.
90. Limitation of time for issue of certificates
Register of mortgages
91. Company’s register of mortgages
92. Right to inspect company’s register of mortgages
93. Right of debenture holders to inspect the register of debenture holders and to have copies of trust deed
Debentures
94. Power to re-issue redeemed debentures in certain cases
95. Specific performance of contract to subscribe for debentures
A contract with a company to take up and pay for any debentures of the company may be enforced by an order for specific performance.Inspection and audit
96. Investigation of affairs of company by inspectors appointed by Minister
97. Power of company to appoint inspectors
98. Report of inspectors to be evidence
A copy of the report of any inspectors appointed under this Act shall be admissible in any legal proceeding as evidence of the opinion of the inspectors in relation to any matter contained in the report.99. Appointment and remuneration of auditors
100. Powers and duties of auditors
101. Rights of preference shareholders and debenture holders as to receipt and inspection of reports
Carrying on business with less than the legal minimum number of members
102. Prohibition of carrying on business with fewer than seven or in the case of a private company, two members
If at any time the number of members of a company is reduced, in the case of a private company, below two, or, in the case of any other company, below seven, and it carries on business for more than six months while the number is so reduced every person who is a member of the company during the time that it so carries on business after those six months, and is cognisant of the fact that it is carrying on business with fewer than two members, or seven members (as the case may be), shall be severally liable for the payment of the whole debts of the company contracted during that time, and may be sued for the same, without any other member being joined in the action.Arbitrations
103. Arbitration between companies and others
Power to compromise
104. Power to compromise with creditors and members
Private company becoming a public company
105. Mode in which private company may become a public company
A private company may, subject to anything contained in the memorandum or articles, by passing a special resolution and lodging with the Registrar such a statement in lieu of prospectus, as the company, if a public company would have had to lodge before allotting any of its shares or debentures together with any such affidavit or other solemn declaration as the company, if a public company, would have had to lodge before commencing business, turn itself into a public company.Part IV – Winding-up
Preliminary
106. Modes of winding-up
Contributories
107. Liability as contributories of present and past members
108. Meaning of "contributory"
The term "contributory" shall mean every person liable to contribute to the assets of a company in the event of its being wound up, and in all proceedings for determining and in all proceedings prior to the final determination of the persons who are to be deemed contributories, shall include any person alleged to be a contributory.109. Nature of liability of contributory
The liability of a contributory shall create a debt accruing due from him at the time when his liability commenced, but payable at the times when calls are made for enforcing the liability.110. Contributories in case of death
If a contributory dies before or after he has been placed on the list of contributories, his executors or his heirs or legatees shall be liable in a due course of administration to contribute to the assets of the company in discharge of his liability and shall be contributories accordingly, the liability of the legatees or heirs, if the estate has passed into their hands, being assessed rateably to the extent of the legacies or inheritances (as the case may be) severally received by them.111. Contributories in case of insolvency
If a contributory becomes insolvent either before or after he has been placed on the list of contributories, then—Winding-up by Court
112. Circumstances in which the company may be wound up by Court
A company may be wound up by the Court if—113. Company when deemed unable to pay its debts
A company shall be deemed to be unable to pay its debts—114. Application for winding-up a company
115. Effects of winding-up order
An order for winding-up a company shall operate in favour of all the creditors and of all the contributories of the company as if made on the joint petition of a creditor and of a contributory.116. Commencement of winding-up by Court
A winding-up of a company by the Court shall be deemed to commence at the time of the presentation of the petition for the winding-up.117. Court may stay or restrain proceedings against the company
At any time after the presentation of a petition for winding-up, and before a winding-up order has been made, the company, or any creditor or contributory, may—118. Powers of Court on hearing petition
119. Actions stayed on winding-up order
When a winding-up order has been made, no action or proceeding shall be proceeded with or commenced against the company except by leave of the Court, and subject to such terms as the Court may impose.120. Copy of order to be transmitted to Registrar and other officers
121. Power of Court to stay winding-up
The Court may at any time after an order for winding-up, on the application of any creditor or contributory, and on proof to the satisfaction of the Court that all proceedings in relation to the winding-up ought to be stayed, make an order staying the proceedings, either altogether or for a limited time, on such terms and conditions as the Court deems fit.122. Court may have regard to wishes of creditors or contributories
The Court may, as to all matters relating to a winding-up, have regard to the wishes of the creditors or contributories as proved to it by any sufficient evidence.Master of the Court
123. Statement of company’s affairs to Master
124. Report by Master
Liquidators
125. Appointment, remuneration and title of liquidators
126. Custody of company’s property
In a winding-up by the Court the liquidator shall take into his custody, or under his control, all the property, movable and immovable, to which the company is or appears to be entitled.127. Powers of liquidator
128. Meetings of creditors and contributories in winding-up
129. Liquidator to give information to Master
Every liquidator shall give the Master such information and such access to and facilities for inspecting the books and documents of the company, and generally such aid as may be requisite for enabling that officer to perform his duties under this Act.130. Payments of liquidator in winding-up into bank
131. Audit of liquidator’s accounts in winding-up
132. Books to be kept by liquidator in winding-up
Every liquidator of a company which is being wound up by the Court shall keep, in manner prescribed, proper books in which he shall cause to be made entries or minutes of proceedings at meetings, and of such other matters as may be prescribed, and any creditors or contributory may, subject to the control of the Court, personally or by his agent inspect any such books.133. Obligations of liquidator as to framing liquidation account, etc.
The liquidator shall, in a winding-up of a company by the Court, be under the like obligations with regard to the framing and lodging of a liquidation account and a plan of distribution or contribution, as the trustee of an insolvent estate appointed under the law for the time being in force relating to insolvency; and the confirmation of such account and plan of distribution or contribution, and the distribution of all moneys payable thereunder, shall be subject to the provisions of such law:Provided that the Master may give such directions with regard to the advertisement of the account and plan of distribution or contribution, and the period of time during which it shall lie open for inspection, as he shall think fit, having regard to all the circumstances of the case.134. Procedure on failure of liquidator to lodge liquidation account
As often a liquidator shall fail to lodge with the Master the account mentioned in the last preceding section, the Master, or any person having an interest in the company being wound up, may, at any time after the expiry of six months from the date on which such liquidator was appointed apply to the Court for an order upon the liquidator to show cause why such account has not been lodged:Provided that the Master or the person aforesaid shall, not later than one month before notice of the application is served upon the liquidator, make written demand upon him to lodge his account.135. Release of liquidators
136. Exercise and control of liquidator’s powers
137. Control of Master over liquidators
Committee of inspection — Special manager
138. Committee of inspection
139. Power to appoint Special manager
Ordinary powers of Court
140. Settlement of list of contributories and application of assets
141. Power to require delivery of property
The Court may at any time after making a winding-up order, require any contributory for the time being settled on the list of contributories, and any trustee, banker, agent or officer of the company to pay, deliver, convey, surrender, or transfer forthwith, or within such time as the Court directs, to the liquidator, any money, property or books and papers in his hands to which the company is prima facie entitled.142. Power to order payment of debts by contributory
143. Power of Court to make calls
144. Power of Court to order payment into bank
145. Order on contributory conclusive evidence
146. Power to exclude creditors not proving in time
The Court may fix a time or times within which creditors of the company are to prove their debts or claims, or to be excluded from the benefit of any distributions made before those debts are proved.147. Court to adjust rights of contributories
The Court shall adjust the rights of the contributories among themselves and distribute any surplus among the persons entitled thereto.148. Power to order costs
The Court may, in the event of the assets being insufficient to satisfy the liabilities, make an order as to the payment out of the assets of the costs, charges, and expenses incurred in the winding-up in such order of priority as the Court thinks just.149. Dissolution of company
150. Delegation to liquidator of certain powers of Court
Rules may be made by the Court for enabling or requiring all or any of the powers and duties conferred and imposed on the Court by this Act, in respect of the matters following, to be exercised or performed by the liquidator as an officer of the Court, and subject to the control of the Court; that is to say, the powers and duties of the Court in respect of—Extraordinary powers of Court
151. Power to summon persons before it, suspected of having property of company
152. Power to order public examination of promoters, directors, etc.
153. Power to arrest absconding contributory
The Court, at any time before or taking after making a winding-up order, on proof that there is reason to believe that a contributory is about to quit Swaziland, or otherwise to abscond, or to remove or conceal any property for the purpose of evading payment or calls, or of avoiding examination respecting the affairs of the company may cause the contributory to be arrested, and his books and papers and movable property to be seized, and him and them to be safely kept until such time as the Court may order.154. Powers of Court cumulative
Any powers by this Act conferred on the Court shall be deemed to be in addition to and not in restriction of any existing powers of instituting proceedings against any contributory or debtor of the company, or the estate of any contributory or debtor, for the recovery of any call or other sums.155. Appeals from order
Subject to rules of Court, an appeal from an order or decision made or given for or in the winding-up of a company by the Court under this Act shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the Court in cases within its ordinary jurisdiction.Voluntary winding-up of company
156. Circumstances under which company may be wound up voluntarily
A company may be wound up voluntarily—157. Commencement of voluntary winding-up
A voluntary winding-up shall be deemed to commence at the time of the passing of the resolution authorising the winding-up.158. Effect of voluntary winding-up on status of company
When a company is wound up voluntarily the company shall, from the commencement of the winding-up, cease to carry on its business, except in so far as may be required for the beneficial winding-up thereof:Provided that the corporate state and corporate powers of the company shall, notwithstanding anything to the contrary in its articles, continue until it is dissolved.159. Notice of resolution to wind up voluntarily
160. Consequences of voluntary winding-up
The following consequences shall ensue on the voluntary winding-up of a company—161. Notice by liquidator of his appointment
162. Rights of creditors in a voluntary winding-up
163. Power to fill vacancy in office of liquidator
164. Delegation of authority to appoint liquidators
165. Arrangements when binding on creditors
166. Power of liquidators to accept shares, etc. as a consideration for sale of property of company
167. Power to apply to Court
168. Power of liquidator to call general meeting
169. Final meeting and dissolution
170. Saving of rights of creditors and contributories
The voluntary winding-up of a company shall not bar the right of any creditor or contributory at any time before its dissolution to have it wound up by the Court, if the Court is of opinion, in the case of an application by a creditor, that the rights of the creditor, or, in the case of an application by a contributory, that the rights of the contributory will be prejudiced by a voluntary winding-up.171. Power of Court to adopt proceedings of voluntary winding-up
Where a company is being wound up voluntarily, and an order is made for winding-up by the Court, the Court may, if it thinks fit, by the same or any subsequent order, provide for the adoption of all or any of the proceedings in the voluntary winding-up.Winding-up subject to supervision of Court
172. Power to order winding-up subject to supervision
When a company has by special or extraordinary resolution resolved to wind-up voluntarily, the Court may make an order that the voluntary winding-up shall continue but subject to such supervision of the Court, and with such liberty for creditors, contributories, or others to apply to the Court, and generally on such terms and conditions as the Court thinks just.173. Effects of petition for winding-up subject to supervision
A petition for the continuance of a voluntary winding-up subject to the supervision of the Court shall, for the purpose of giving jurisdiction to the Court over actions, be deemed to be a petition for winding-up by the Court.174. Court may have regard to wishes of creditors and contributories
The Court may, in deciding between a winding-up by the Court and a winding-up subject to supervision, in the appointment of liquidators, and in all other matters relating to the winding-up subject to supervision, have regard to the wishes of the creditors or contributories as proved to it by any sufficient evidence.175. Power of Court to appoint or remove liquidators
176. Effect of supervision order
Supplementary provisions
177. Costs of winding-up
All costs, charges, and expenses properly incurred in any winding-up of a company, including the remuneration of the liquidator or liquidators, shall, unless the Court otherwise orders be payable out of the assets of the company and in priority to all other claims.178. Avoidance of transfers after commencement of winding-up
179. Debts of all descriptions to be proved
In every winding-up (subject in the case of insolvent companies to the application in accordance with the provisions of this Act of the law for the time being relating to insolvency) all debts payable on a contingency, and all claims against the company, present or future, certain or contingent, ascertained or sounding only in damages, shall be admissible to proof against the company, a just estimate being made, so far as possible, of the value of such debts or claims as may be subject to any contingency or sound only in damages, or for some other reason do not bear a certain value.180. Application of law relating to insolvency in winding-up insolvent companies
In the winding-up of an insolvent company the same rules shall prevail and be observed with regard to the respective rights of secured and unsecured creditors and to the debts provable and to the valuation of annuities and future and contingent liabilities as are in force for the time being in force under the law relating to insolvency, with respect to the estates of persons sequestrated; and all persons who in such case would be entitled to prove for and receive dividends out of the assets of the company may come in under the winding-up, and make such claims against the company as they respectively are entitled to by virtue of this section.181. Preferential payments in winding-up
182. Voidable and undue preferences
183. Application of law relating to insolvency
In the case of a winding-up of any insolvent company, the provisions of the law for the time being relating to insolvency shall mutatis mutandis be applied in respect of any matter not specially provided for in this Act.184. Avoidance of certain attachments, executions, etc.
Where any company is being wound up by or subject to the supervision of the Court, any attachment or execution put in force against the estate or effects of the company after the commencement of the winding-up shall be void to all intents.185. General scheme of liquidation may be sanctioned
186. Power of Court to assess damages delinquent promotors, directors, etc.
187. Penalty for falsification of books, etc.
If any director, officer, or contributory of any company being wound up destroys, mutilates, alters, or falsifies any books, papers, or securities or makes or is privy to the making of a false or fraudulent entry in any register, book of account, or document belonging to the company with intent to defraud or deceive any person, he shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years.188. Prosecution of delinquent directors, etc.
189. Meetings to ascertain wishes of creditors or contributories
190. Books of company to be evidence
Where any company is being wound up all books and papers of the company and of the liquidators shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be therein recorded.191. Inspection of books
After an order has been made for winding-up by or subject to the supervision of the Court, the Court may make such order for inspection by creditors and contributories of the company of its books and papers as the Court thinks just, and any books and papers in the possession of the company may be inspected by creditors and contributories accordingly, but not further or otherwise.192. Disposal of books, accounts, and documents of company
193. Power of Court declare dissolution of company void
194. Information as to pending liquidations
195. Special commissioners for taking evidence
Removal of defunct companies from register
196. Registrar may strike defunct company off register
197. Orders to be transmitted to Master and registering office
Part V – Foreign companies
198. Foreign companies
Part VI – Application of Act
199. Restricted application of Act in case of banking and insurance companies
Where a company is subject to the provisions of—200. Exemption from Act of co-operative agricultural societies, building societies, friendly societies and trade unions
Part VII – Winding-up of unregistered companies
201. Winding-up of unregistered companies
Subject to the provisions of this Part any company, association, syndicate or partnership having a place of business in Swaziland, which consists of more than seven members and is not a company to which Parts I, II and III apply, may be wound up under this Act, and all the provisions of this Act with respect to winding-up shall apply to such a company, association, syndicate or partnership (hereinafter referred to as an "unregistered company") with the following exceptions and additions—202. Contributories in winding-up of unregistered company
203. Power of Court to stay or restrain proceedings
The provisions of this Act with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding-up, and before the making of a winding-up order shall, in the case of an unregistered company, where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.204. Actions stayed on winding-up order
Where an order has been made for winding-up an unregistered company, no action or proceeding shall be proceeded with or commenced against any contributory of the company in respect of any debt of the company, except by leave of the Court, and subject to such terms as the Court may impose.205. Directions as to property in certain cases
If an unregistered company has no power to sue and be sued in a common name, or if for any reason it appears expedient, the Court may by winding-up order, or by any subsequent order direct that all or any part of the property immovable and movable (including right of action) belonging to the company, or to trustees on its behalf, is to vest in the liquidator by his official name, and thereupon the property or the part thereof specified in the order shall vest accordingly; and the liquidator may, after giving such indemnity (if any) as the Court may direct, bring or defend in his official name any action or other legal proceeding relating to that property, or necessary to be brought or defend for the purpose of effectually winding-up the company and recovering its property.206. Provisions of this Part cumulative
The provisions of this Part with respect to unregistered companies shall be deemed to be in addition to and not in restrict of any provision hereinbefore in this Act contained with respect to winding-up companies by the Court, and the Court or liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by it or him in winding-up companies registered under Part I; but an unregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Act, and then only to the extent provided by this Part.Part VIII – Miscellaneous provisions
207. Amalgamation schemes to be submitted to Minister
207A. Costs in actions by limited companies
Where a limited company is plaintiff or applicant in any legal proceeding, the Court having jurisdiction in the matter may, at any stage, if it appears by credible testimony that there is reason to believe that the company or the liquidator of a limited company will be unable to pay the costs of the defendant or respondent if successful in his defence, require sufficient security to be given for those costs and may stay all proceedings still the security is given.208. Power of Court to grant relief in certain cases
If, any proceeding under this Act against a director of a company for negligence or breach of trust, it appears to the Court hearing the case that the director is or may be liable in respect of negligence or breach of trust, but has acted honestly and reasonably, and ought fairly to be excused for the negligence or breach of trust, that Court may relieve him either wholly or partly from his liability, on such terms as the Court may think proper.209. Prescribed fees, forms and alterations thereof
210. Penalty for late filing
If any return required by any provision of this Act to be filed with the Registrar is not so filed within the time specified by such provision, such return may only be filed on payment of a penalty equal to three times the amount of the fee which would ordinarily be payable in respect of the filing of such return, in addition to the payment of the fee ordinarily payable as aforesaid:Provided that payment of such fee and penalty shall be without prejudice to the question of prosecuting the company or any officer thereof in respect of any default or offence specified by this Act.211. Power to the Minister to make rules
212. Office for registration of companies
213. Service of documents
Any notice, or other document which by this Act may be or is required to be served upon a company may be served by leaving it at, or sending it by prepaid registered post to—214. Judicial notice of signature of officers
215. Penalties for false statements and false oaths
216. Penalty for improper use of word "Limited"
Any person or persons trading or carrying on business under a name or title of which the word "Limited" is the last word shall, unless duly incorporated with limited liability, be guilty of an offence and liable on conviction to a fine not exceeding ten emalangeni for every day upon which that name or title has been used.217. Officers liable for default by company
Whenever under this Act a company is liable to any penalty for a default or offence, proceedings may be instituted for that default or offence against any director, manager, secretary, or other officer of the company, and the Court having jurisdiction in respect of the default or offence may convict and sentence therefor any person against whom the proceedings are so instituted, unless he shall satisfy that Court that the default or offence was made or committed without his knowledge, authority, or permission.218. Offences and penalties
Every company or person charged with a default or offence under this Act may be prosecuted before a court established under the Subordinate Courts Proclamation having jurisdiction at the place where the default is alleged to have been made or the offence to have been committed; and if the default or offence is punishable by a fine that court shall have special jurisdiction to impose the maximum fine prescribed or, in a case of a continuing default or offence, the aggregate amount of the maximum fines.219. Imprisonment in default of payment of fines
Whenever under this Act any fine is imposed for a default or offence, and the person convicted does not forthwith pay the fine, the Court imposing the same may, without prejudice to any steps that may be lawfully taken for levying such fine by distress and sale of movable property belonging to that person, order the imprisonment of that person for a period not exceeding one month if the fine does not exceed ten emalangeni, for a period not exceeding three months if the fine exceed ten emalangeni and does not exceed one hundred emalangeni, and for a period not exceeding one year if the fine exceeds one hundred emalangeni, and a Court imposing the fine shall have special jurisdiction to impose, in default of payment thereof, the maximum period of imprisonment.History of this document
01 April 2010
Repealed by
Companies Act, 2009
01 December 1998 this version
Consolidation
19 February 1912
Commenced
Cited documents 4
Legislation 4
Documents citing this one 362
Gazette 325
- Swaziland Government Gazette dated 1978-01-13 number 871
- Swaziland Government Gazette dated 1978-01-20 number 872
- Swaziland Government Gazette dated 1978-02-17 number 876
- Swaziland Government Gazette dated 1978-02-24 number 877
- Swaziland Government Gazette dated 1978-03-10 number 879
- Swaziland Government Gazette dated 1978-03-24 number 881
- Swaziland Government Gazette dated 1978-04-07 number 883
- Swaziland Government Gazette dated 1978-04-14 number 884
- Swaziland Government Gazette dated 1978-05-12 number 888
- Swaziland Government Gazette dated 1978-05-19 number 889
- Swaziland Government Gazette dated 1978-05-26 number 890
- Swaziland Government Gazette dated 1978-06-02 number 891
- Swaziland Government Gazette dated 1978-06-09 number 892
- Swaziland Government Gazette dated 1978-06-16 number 893
- Swaziland Government Gazette dated 1978-06-30 number 895
- Swaziland Government Gazette dated 1978-08-18 number 902
- Swaziland Government Gazette dated 1978-08-25 number 904
- Swaziland Government Gazette dated 1978-09-15 number 907
- Swaziland Government Gazette dated 1978-09-29 number 909
- Swaziland Government Gazette dated 1978-11-10 number 916
- Swaziland Government Gazette dated 1978-12-01 number 920
- Swaziland Government Gazette dated 1978-12-08 number 921
- Swaziland Government Gazette dated 1979-02-09 number 930
- Swaziland Government Gazette dated 1979-02-23 number 933
- Swaziland Government Gazette dated 1979-04-06 number 941
- Swaziland Government Gazette dated 1979-04-13 number 942
- Swaziland Government Gazette dated 1979-06-08 number 953
- Swaziland Government Gazette dated 1979-06-15 number 954
- Swaziland Government Gazette dated 1979-06-22 number 955
- Swaziland Government Gazette dated 1979-08-03 number 963
- Swaziland Government Gazette dated 1979-08-10 number 964
- Swaziland Government Gazette dated 1979-08-17 number 965
- Swaziland Government Gazette dated 1979-08-31 number 967
- Swaziland Government Gazette dated 1979-09-28 number 972
- Swaziland Government Gazette dated 1979-10-19 number 977
- Swaziland Government Gazette dated 1979-10-26 number 978
- Swaziland Government Gazette dated 1979-11-02 number 979
- Swaziland Government Gazette dated 1979-11-16 number 982
- Swaziland Government Gazette dated 1979-11-30 number 985
- Swaziland Government Gazette dated 1979-12-28 number 991
- Swaziland Government Gazette dated 1981-01-02 number 72
- Swaziland Government Gazette dated 1981-02-20 number 83
- Swaziland Government Gazette dated 1981-02-27 number 85
- Swaziland Government Gazette dated 1981-03-27 number 89
- Swaziland Government Gazette dated 1981-04-24 number 95
- Swaziland Government Gazette dated 1981-05-01 number 96
- Swaziland Government Gazette dated 1981-05-08 number 97
- Swaziland Government Gazette dated 1981-05-22 number 100
- Swaziland Government Gazette dated 1981-05-29 number 101
- Swaziland Government Gazette dated 1981-06-05 number 102
- Swaziland Government Gazette dated 1981-07-03 number 107
- Swaziland Government Gazette dated 1981-07-10 number 109
- Swaziland Government Gazette dated 1981-08-07 number 113
- Swaziland Government Gazette dated 1981-08-14 number 114
- Swaziland Government Gazette dated 1981-08-21 number 115
- Swaziland Government Gazette dated 1981-08-28 number 116
- Swaziland Government Gazette dated 1981-09-18 number 120
- Swaziland Government Gazette dated 1981-10-16 number 124
- Swaziland Government Gazette dated 1981-12-04 number 132
- Swaziland Government Gazette dated 1982-10-29 number 188
- Swaziland Government Gazette dated 1982-11-12 number 190
- Swaziland Government Gazette dated 1982-12-03 number 193
- Swaziland Government Gazette dated 1983-01-28 number 203
- Swaziland Government Gazette dated 1983-03-04 number 210
- Swaziland Government Gazette dated 1983-03-25 number 214
- Swaziland Government Gazette dated 1983-05-06 number 220
- Swaziland Government Gazette dated 1984-01-13 number 269
- Swaziland Government Gazette dated 1984-02-10 number 273
- Swaziland Government Gazette dated 1984-06-01 number 294
- Swaziland Government Gazette dated 1984-06-08 number 295
- Swaziland Government Gazette dated 1984-06-29 number 298
- Swaziland Government Gazette dated 1984-07-07 number 299
- Swaziland Government Gazette dated 1985-03-15 number 344
- Swaziland Government Gazette dated 1985-05-17 number 358
- Swaziland Government Gazette dated 1985-05-31 number 362
- Swaziland Government Gazette dated 1985-08-23 number 385
- Swaziland Government Gazette dated 1985-08-30 number 387
- Swaziland Government Gazette dated 1985-09-06 number 388
- Swaziland Government Gazette dated 1985-10-04 number 394
- Swaziland Government Gazette dated 1985-10-11 number 395
- Swaziland Government Gazette dated 1985-11-08 number 403
- Swaziland Government Gazette dated 1985-11-22 number 407
- Swaziland Government Gazette dated 1985-11-29 number 408
- Swaziland Government Gazette dated 1985-12-06 number 409
- Swaziland Government Gazette dated 1985-12-13 number 410
- Swaziland Government Gazette dated 1986-02-21 number 423
- Swaziland Government Gazette dated 1986-02-28 number 424
- Swaziland Government Gazette dated 1986-03-07 number 426
- Swaziland Government Gazette dated 1986-04-11 number 433
- Swaziland Government Gazette dated 1986-04-25 number 436
- Swaziland Government Gazette dated 1986-05-23 number 441
- Swaziland Government Gazette dated 1986-06-20 number 446
- Swaziland Government Gazette dated 1986-08-08 number 461
- Swaziland Government Gazette dated 1986-08-15 number 465
- Swaziland Government Gazette dated 1986-09-12 number 471
- Swaziland Government Gazette dated 1986-09-26 number 473
- Swaziland Government Gazette dated 1986-10-10 number 475
- Swaziland Government Gazette dated 1986-10-31 number 480
- Swaziland Government Gazette dated 1987-04-10 number 512
- Swaziland Government Gazette dated 1987-08-21 number 539
- Swaziland Government Gazette dated 1990-06-22 number 732
- Swaziland Government Gazette dated 1990-08-31 number 745
- Swaziland Government Gazette dated 1991-02-08 number 774
- Swaziland Government Gazette dated 1991-03-22 number 786
- Swaziland Government Gazette dated 1991-06-07 number 804
- Swaziland Government Gazette dated 1991-12-27 number 837
- Swaziland Government Gazette dated 1992-10-30 number 909
- Swaziland Government Gazette dated 1992-12-18 number 920
- Swaziland Government Gazette dated 1993-04-23 number 942
- Swaziland Government Gazette dated 1994-02-25 number 9
- Swaziland Government Gazette dated 1994-03-25 number 15
- Swaziland Government Gazette dated 1994-04-15 number 18
- Swaziland Government Gazette dated 1994-08-05 number 39
- Swaziland Government Gazette dated 1994-10-28 number 53
- Swaziland Government Gazette dated 1994-11-04 number 55
- Swaziland Government Gazette dated 1995-02-03 number 72
- Swaziland Government Gazette dated 1995-02-10 number 73
- Swaziland Government Gazette dated 1995-02-24 number 75
- Swaziland Government Gazette dated 1995-03-03 number 76
- Swaziland Government Gazette dated 1995-03-10 number 78
- Swaziland Government Gazette dated 1995-03-17 number 79
- Swaziland Government Gazette dated 1995-03-24 number 80
- Swaziland Government Gazette dated 1995-03-31 number 81
- Swaziland Government Gazette dated 1995-04-07 number 83
- Swaziland Government Gazette dated 1995-04-21 number 85
- Swaziland Government Gazette dated 1995-04-28 number 86
- Swaziland Government Gazette dated 1995-05-05 number 87
- Swaziland Government Gazette dated 1995-05-19 number 89
- Swaziland Government Gazette dated 1995-05-26 number 90
- Swaziland Government Gazette dated 1995-06-16 number 94
- Swaziland Government Gazette dated 1995-06-23 number 95
- Swaziland Government Gazette dated 1995-06-30 number 96
- Swaziland Government Gazette dated 1995-07-07 number 98
- Swaziland Government Gazette dated 1995-07-14 number 99
- Swaziland Government Gazette dated 1995-07-28 number 103
- Swaziland Government Gazette dated 1995-08-04 number 104
- Swaziland Government Gazette dated 1995-08-11 number 106
- Swaziland Government Gazette dated 1995-08-18 number 107
- Swaziland Government Gazette dated 1995-08-25 number 108
- Swaziland Government Gazette dated 1995-09-01 number 109
- Swaziland Government Gazette dated 1995-09-08 number 110
- Swaziland Government Gazette dated 1995-09-15 number 112
- Swaziland Government Gazette dated 1995-09-22 number 113
- Swaziland Government Gazette dated 1995-09-29 number 114
- Swaziland Government Gazette dated 1995-10-06 number 115
- Swaziland Government Gazette dated 1995-10-13 number 116
- Swaziland Government Gazette dated 1995-10-20 number 117
- Swaziland Government Gazette dated 1995-10-27 number 118
- Swaziland Government Gazette dated 1995-11-03 number 119
- Swaziland Government Gazette dated 1995-11-10 number 120
- Swaziland Government Gazette dated 1995-11-17 number 122
- Swaziland Government Gazette dated 1995-11-23 number 123
- Swaziland Government Gazette dated 1995-12-01 number 125
- Swaziland Government Gazette dated 1995-12-08 number 126
- Swaziland Government Gazette dated 1995-12-15 number 127
- Swaziland Government Gazette dated 1995-12-22 number 128
- Swaziland Government Gazette dated 1996-01-19 number 132
- Swaziland Government Gazette dated 1996-02-02 number 136
- Swaziland Government Gazette dated 1996-02-09 number 137
- Swaziland Government Gazette dated 1996-02-16 number 139
- Swaziland Government Gazette dated 1996-02-23 number 140
- Swaziland Government Gazette dated 1996-03-01 number 142
- Swaziland Government Gazette dated 1996-03-08 number 144
- Swaziland Government Gazette dated 1996-03-15 number 145
- Swaziland Government Gazette dated 1996-03-22 number 146
- Swaziland Government Gazette dated 1996-03-29 number 148
- Swaziland Government Gazette dated 1996-04-05 number 150
- Swaziland Government Gazette dated 1996-04-12 number 151
- Swaziland Government Gazette dated 1996-04-19 number 153
- Swaziland Government Gazette dated 1996-04-26 number 154
- Swaziland Government Gazette dated 1996-05-03 number 155
- Swaziland Government Gazette dated 1996-05-10 number 156
- Swaziland Government Gazette dated 1996-05-17 number 158
- Swaziland Government Gazette dated 1996-05-24 number 159
- Swaziland Government Gazette dated 1996-05-31 number 161
- Swaziland Government Gazette dated 1996-06-07 number 164
- Swaziland Government Gazette dated 1996-06-21 number 168
- Swaziland Government Gazette dated 1996-06-28 number 169
- Swaziland Government Gazette dated 1996-07-05 number 171
- Swaziland Government Gazette dated 1996-07-19 number 175
- Swaziland Government Gazette dated 1996-07-26 number 176
- Swaziland Government Gazette dated 1996-08-02 number 177
- Swaziland Government Gazette dated 1996-08-09 number 180
- Swaziland Government Gazette dated 1996-08-23 number 182
- Swaziland Government Gazette dated 1996-08-30 number 184
- Swaziland Government Gazette dated 1996-09-06 number 186
- Swaziland Government Gazette dated 1996-09-13 number 189
- Swaziland Government Gazette dated 1996-09-20 number 190
- Swaziland Government Gazette dated 1996-09-27 number 194
- Swaziland Government Gazette dated 1996-10-04 number 196
- Swaziland Government Gazette dated 1996-10-11 number 197
- Swaziland Government Gazette dated 1996-10-18 number 199
- Swaziland Government Gazette dated 1996-10-25 number 200
- Swaziland Government Gazette dated 1996-11-01 number 201
- Swaziland Government Gazette dated 1996-11-15 number 204
- Swaziland Government Gazette dated 1996-11-29 number 208
- Swaziland Government Gazette dated 1996-12-13 number 211
- Swaziland Government Gazette dated 1997-02-14 number 228
- Swaziland Government Gazette dated 1997-02-21 number 229
- Swaziland Government Gazette dated 1997-02-28 number 230
- Swaziland Government Gazette dated 1997-03-07 number 231
- Swaziland Government Gazette dated 1997-03-14 number 232
- Swaziland Government Gazette dated 1997-03-21 number 233
- Swaziland Government Gazette dated 1997-03-28 number 235
- Swaziland Government Gazette dated 1997-04-04 number 239
- Swaziland Government Gazette dated 1997-04-11 number 241
- Swaziland Government Gazette dated 1997-04-25 number 246
- Swaziland Government Gazette dated 1997-05-02 number 248
- Swaziland Government Gazette dated 1997-05-09 number 250
- Swaziland Government Gazette dated 1997-05-16 number 253
- Swaziland Government Gazette dated 1997-05-23 number 255
- Swaziland Government Gazette dated 1997-05-30 number 256
- Swaziland Government Gazette dated 1997-06-06 number 257
- Swaziland Government Gazette dated 1997-06-13 number 259
- Swaziland Government Gazette dated 1997-06-20 number 263
- Swaziland Government Gazette dated 1997-06-27 number 266
- Swaziland Government Gazette dated 1997-07-04 number 268
- Swaziland Government Gazette dated 1997-07-11 number 270
- Swaziland Government Gazette dated 1997-07-18 number 272
- Swaziland Government Gazette dated 1997-07-25 number 276
- Swaziland Government Gazette dated 1997-08-01 number 278
- Swaziland Government Gazette dated 1997-08-08 number 280
- Swaziland Government Gazette dated 1997-08-22 number 284
- Swaziland Government Gazette dated 1997-08-29 number 286
- Swaziland Government Gazette dated 1997-09-05 number 290
- Swaziland Government Gazette dated 1997-09-12 number 292
- Swaziland Government Gazette dated 1997-09-19 number 293
- Swaziland Government Gazette dated 1997-10-03 number 296
- Swaziland Government Gazette dated 1997-11-21 number 310
- Swaziland Government Gazette dated 1997-12-05 number 313
- Swaziland Government Gazette dated 1998-01-09 number 321
- Swaziland Government Gazette dated 1998-03-06 number 335
- Swaziland Government Gazette dated 1998-04-10 number 345
- Swaziland Government Gazette dated 1998-04-24 number 347
- Swaziland Government Gazette dated 1998-05-15 number 353
- Swaziland Government Gazette dated 1998-05-22 number 356
- Swaziland Government Gazette dated 1998-06-19 number 367
- Swaziland Government Gazette dated 1998-07-03 number 373
- Swaziland Government Gazette dated 1998-07-17 number 376
- Swaziland Government Gazette dated 1998-08-21 number 391
- Swaziland Government Gazette dated 1998-09-11 number 400
- Swaziland Government Gazette dated 1998-10-02 number 405
- Swaziland Government Gazette dated 1998-11-06 number 414
- Swaziland Government Gazette dated 1998-11-13 number 416
- Swaziland Government Gazette dated 1998-12-04 number 424
- Swaziland Government Gazette dated 1998-12-11 number 427
- Swaziland Government Gazette dated 1999-01-15 number 435
- Swaziland Government Gazette dated 1999-01-22 number 437
- Swaziland Government Gazette dated 1999-02-05 number 440
- Swaziland Government Gazette dated 1999-02-12 number 442
- Swaziland Government Gazette dated 1999-03-19 number 438
- Swaziland Government Gazette dated 1999-04-16 number 466
- Swaziland Government Gazette dated 1999-04-23 number 467
- Swaziland Government Gazette dated 1999-05-14 number 471
- Swaziland Government Gazette dated 1999-06-25 number 484
- Swaziland Government Gazette dated 1999-07-23 number 494
- Swaziland Government Gazette dated 1999-08-20 number 501
- Swaziland Government Gazette dated 1999-08-27 number 504
- Swaziland Government Gazette dated 1999-10-15 number 517
- Swaziland Government Gazette dated 1999-11-12 number 526
- Swaziland Government Gazette dated 1999-12-24 number 536
- Swaziland Government Gazette dated 2000-03-10 number 547
- Swaziland Government Gazette dated 2000-03-17 number 549
- Swaziland Government Gazette dated 2000-04-14 number 556
- Swaziland Government Gazette dated 2000-08-11 number 591
- Swaziland Government Gazette dated 2000-12-15 number 638
- Swaziland Government Gazette dated 2000-12-22 number 645
- Swaziland Government Gazette dated 2001-02-23 number 662
- Swaziland Government Gazette dated 2001-03-02 number 664
- Swaziland Government Gazette dated 2001-08-03 number 735
- Swaziland Government Gazette dated 2001-08-10 number 736
- Swaziland Government Gazette dated 2001-10-05 number 757
- Swaziland Government Gazette dated 2001-10-26 number 764
- Swaziland Government Gazette dated 2001-11-02 number 767
- Swaziland Government Gazette dated 2001-11-30 number 779
- Swaziland Government Gazette dated 2001-12-14 number 783
- Swaziland Government Gazette dated 2002-03-22 number 813
- Swaziland Government Gazette dated 2002-04-12 number 819
- Swaziland Government Gazette dated 2002-04-19 number 821
- Swaziland Government Gazette dated 2002-05-31 number 833
- Swaziland Government Gazette dated 2002-06-07 number 834
- Swaziland Government Gazette dated 2002-07-05 number 842
- Swaziland Government Gazette dated 2002-07-19 number 844
- Swaziland Government Gazette dated 2002-07-29 number 848
- Swaziland Government Gazette dated 2002-08-23 number 858
- Swaziland Government Gazette dated 2002-11-08 number 877
- Swaziland Government Gazette dated 2002-11-29 number 887
- Swaziland Government Gazette dated 2002-12-20 number 892
- Swaziland Government Gazette dated 2004-01-23 number 6
- Swaziland Government Gazette dated 2004-04-16 number 39
- Swaziland Government Gazette dated 2004-08-13 number 88
- Swaziland Government Gazette dated 2004-10-22 number 118
- Swaziland Government Gazette dated 2005-04-22 number 036
- Swaziland Government Gazette dated 2005-06-03 number 056
- Swaziland Government Gazette dated 2005-06-10 number 057
- Swaziland Government Gazette dated 2005-06-17 number 060
- Swaziland Government Gazette dated 2005-08-19 number 082
- Swaziland Government Gazette dated 2005-10-21 number 107
- Swaziland Government Gazette dated 2005-10-28 number 110
- Swaziland Government Gazette dated 2005-11-18 number 117
- Swaziland Government Gazette dated 2006-01-20 number 4
- Swaziland Government Gazette dated 2006-02-10 number 010
- Swaziland Government Gazette dated 2006-08-25 number 101
- Swaziland Government Gazette dated 2006-09-22 number 112
- Swaziland Government Gazette dated 2006-12-15 number 151
- Swaziland Government Gazette dated 2007-01-26 number 9
- Swaziland Government Gazette dated 2007-02-16 number 15
- Swaziland Government Gazette dated 2007-02-23 number 22
- Swaziland Government Gazette dated 2007-03-16 number 28
- Swaziland Government Gazette dated 2007-04-20 number 41
- Swaziland Government Gazette dated 2007-07-06 number 70
- Swaziland Government Gazette dated 2007-07-13 number 72
- Swaziland Government Gazette dated 2007-07-27 number 81
- Swaziland Government Gazette dated 2007-08-03 number 86
- Swaziland Government Gazette dated 2007-08-10 number 88
- Swaziland Government Gazette dated 2007-08-24 number 91
- Swaziland Government Gazette dated 2007-10-12 number 108
- Swaziland Government Gazette dated 2007-10-19 number 110
- Swaziland Government Gazette dated 2007-11-09 number 118
- Swaziland Government Gazette dated 2007-12-07 number 125
- Swaziland Government Gazette dated 2007-12-14 number 130
- Swaziland Government Gazette dated 2008-02-01 number 006
- Swaziland Government Gazette dated 2008-04-25 number 54
- Swaziland Government Gazette dated 2008-05-02 number 56
- Swaziland Government Gazette dated 2008-05-16 number 68
Judgment 23
- A & B Ewestments (Pty) Limited v v & M Investments (Pty) Limited (1792 of 2003) [2004] SZHC 23 (4 March 2004)
- Bashsha v Mmari and Others (919 of 2007) [2008] SZHC 43 (21 November 2008)
- Bennett - v Ndallahwa [1998] SZHC 75 (30 June 1998)
- Bennett v Ndallahwa [1998] SZHC 2 (1 January 1998)
- Beresford House (Pty) Limited v Li-Cheang (2756 of 2005) [2009] SZHC 136 (23 April 2009)
- Crabtee And Others v Bell Dewar And Hall (25 of 1997) [1998] SZSC 32 (1 October 1998)
- Earnshaw and Co v Zi-Blends (Pty) Ltd [1998] SZHC 60 (28 May 1998)
- Etsala National Seed Co. Ltd v Skonkwane Franchise Ltd (Registration No.916/2000) [2003] SZHC 34 (28 March 2003)
- J & E Construction (Pty) Ltd and Another v Mabalabala Investments (Pty) Ltd and Another (756 of 2004) [2004] SZHC 47 (16 April 2004)
- King v Thumbela (25 of 1995) [1997] SZSC 12 (1 January 1997)
- M.A.N Automotive Swaziland v Chrisilda's Transport (Pty) Ltd [1993] SZHC 65 (17 August 1993)
- Mamba And Others v The Central Bank Of Swaziland And Others (53 of 2009) [2010] SZSC 25 (28 May 2010)
- Mamba v Toolroom Services (Pty) Limited (2752 of 2003) [2004] SZHC 25 (5 March 2004)
- Mngomezulu v Shongwe and Others (1914 of 2004) [2007] SZHC 54 (1 June 2007)
- Nkosi v Swaziland Building Society and Others (558 of 2004) [2004] SZHC 103 (6 August 2004)
- Ntshangase v Nhlangano Acting Senior Magistrate and Others [1996] SZHC 62 (5 July 1996)
- Qwabe No And Another v Masuku No (34 of 2007) [2008] SZSC 19 (22 May 2008)
- Rex v Dlamini (421 of 2010) [2018] SZHC 203 (13 December 2018)
- Rex v Matsaba (20 of 1997) [1997] SZHC 8 (4 August 1997)
- S v Zulu and Others (39 of 2002) [2004] SZHC 53 (5 May 2004)
- Shabangu v Mdluli and Another (2720 of 2003) [2004] SZHC 84 (24 June 2004)
- Swaziland Meat Industries Ltd v TWK Agriculture Ltd and Others [2003] SZHC 108 (20 November 2003)
- Swaziland National Trust Commission v Hawane Village (Pty) Ltd (388 of 2013) [2013] SZHC 180 (3 May 2013)
Legislation 14
- Arms and Ammunition Act, 1964
- Cane Growers’ Act, No. 12 of 1967
- Casino Act, 1963
- Co-operative Societies Act, 1964
- Financial Institutions (Consolidation) Order, 1975
- Financial Institutions Act, 2005
- Land Speculation Control Act, 1972
- Pineapple Act, 1967
- Protection of Names, Uniforms and Badges Act, 1969
- Registration of Businesses Act, No. 42 of 1933
- Swaziland Commercial Board Order, 1975
- Swaziland Electricity Company Act, 2007
- Swaziland Royal Insurance Corporation Order, 1973
- Urban Government Act, 1969