Exportation Restriction Act, 1939

Act 46 of 1939


Exportation Restriction Act, 1939

Act 46 of 1939

  • Commenced on 13 September 1939
  • [This is the version of this document at 1 December 1998.]
An Act to make provision for controlling the exportation of articles from Swaziland.

1. Short title

This Act may be cited as the Exportation Restriction Act*, 1939.*Amended by the Import Control Order, No. 12 of 1976 by the deletion of the words "and importation" and words referring to importation or importing of articles.

2. Interpretation

In this Act unless the context otherwise requires—"article" includes any animal or thing, of any description whatsoever;"Minister" means the Minister for Finance;"officer" means a person appointed as such by the Minister under section 4.

3. Powers of Minister

(1)The Minister may, by notice in the Gazette prohibit—
(a)the exportation, either generally or to particular countries or territories, of any articles specified in the notice; or
(b)either generally or from particular countries or territories, of any articles specified in the notice;
save in accordance with permission for such exportation granted under sub-section (2).
(2)The Minister and any officer authorised by him may in writing grant permission to any person to export articles of which the exportation has been prohibited under this section in such quantities and subject to such conditions as may be stated in the permission.

4. Power to detain and examine articles

(1)An officer appointed by the Minister or any police officer may detain any articles the exportation of which is prohibited or restricted under this Act or any package suspected of containing such articles if it appears necessary to do so for the purpose of enforcing such prohibition or restriction and to examine any such package.
(2)Every officer appointed thereto by the Director of Customs shall for the purpose of enforcing such prohibition or restriction be entitled to exercise any power with which he is invested for the protection of the revenue under any law relating to customs in force in Swaziland.

5. Penalties

(1)A person who contravenes or attempts to contravene any prohibition or restriction imposed under section 3 or who aids or abets any such contravention or attempted contravention, and any person who obstructs any officer or police officer in the exercise of his powers under section 4, shall be guilty of an offence, and be liable, on conviction before a court established under the Magistrate’s Court Act No. 66 of 1938, to a fine not exceeding one thousand emalangeni, or in default of payment thereof to imprisonment for a period not exceeding one year, or to such imprisonment without the option of a fine, or to both such fine and imprisonment.
(2)Any articles which any person may attempt to export in contravention of this Act may by order of the court before which such person is convicted be declared to be so forfeited, but such forfeiture shall not be deemed to affect any other fine or punishment which may be incurred under this or any other law in force at the time of forfeiture.

6. Burden of proof

In any prosecution under this Act the burden of proving that due permission authorising the exportation of the articles charged has been obtained shall be upon the accused.
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History of this document

01 December 1998 this version
13 September 1939

Cited documents 1

Legislation 1
1. Magistrate’s Courts Act 79 citations

Documents citing this one 2

Legislation 2
1. Opium and Habit-forming Drugs Act, 1922 25 citations
2. Import Control Order, 1976