eSwatini
Swazi Land Settlement Act, 1946
Act 2 of 1946
- Commenced on 1 February 1946
- [This is the version of this document at 1 December 1998.]
1. Short title
This Act may be cited as the Swazi Land Settlement Act, 1946.2. Interpretation
In this Act, unless the context otherwise requires—“agricultural allotment” means a piece of arable land which has been clearly defined and beaconed by the Principal Secretary and allotted to a settler for agricultural purposes in terms of section 16;“agricultural superintendent” means the officer for the time being holding the appointment of agricultural superintendent for the land settlement areas, or any person appointed to act in that capacity;“allotment” includes any agricultural, garden or residential allotment;“beacon” includes any structure, object or indicator erected or placed to mark the boundaries of allotments, grazing areas or commonage or any other land allocated for special purposes;“certificate of occupancy” means a document issued by the Principal Secretary authorising the occupation by a settler of land within the land settlement areas under conditions specified in this Act or any rules issued thereunder;“commonage” means any area set aside for depasturing stock and not reserved for any other purpose;“garden allotment”, when it is not included in a residential allotment, means a piece of arable land which has been clearly defined and beaconed by the Permanent Secretary and allotted to a settler for garden purposes in terms of section 16;“land settlement areas” means the land set aside for land settlement in terms of section 3;“indvuna” means a Swazi appointed by the Ngwenyama to perform the duties imposed upon him by this Act or any rules issued thereunder;“Principal Secretary” means the Principal Secretary for Agriculture;“residential allotment” means a piece of land which has been clearly defined and beaconed by the Principal Secretary and allotted to a settler in terms of section 16 for the purpose of establishing his homestead, including trees, garden and livestock accommodation, and may include a garden allotment;“settler” means the holder of a valid certificate of occupancy;“stock” includes cattle, horses, mules, donkeys, sheep, goats, pigs, poultry and other domestic animals.3. Setting aside certain area for land settlement
The areas of land described in the Schedule to Legal Notice No.18 of 1966 having been set aside for Swazi land settlement in terms of this Act have by that Notice been vested in the Ngwenyama, as Swazi Nation Land, in trust for the Swazi Nation, subject to any subsisting rights or interests which before the twenty-second day of April, 1966 were granted to or recognised as vested in any other person other than the Government of Swaziland.[Amended L.N.38/1967]4. Control of land settlement areas
All land within the land settlement areas shall, except as may otherwise be especially provided, be under the control and supervision of the Principal Secretary, who shall have the right to delegate to any officer authorised thereto by him in writing from time to time such of the powers and duties vested in him by this Act or by any rules issued thereunder as he may deem necessary or desirable.5. Prohibition of unauthorised residence
No Swazis shall move on to or take up residence on or cultivate or use any land for any purpose whatsoever in the land settlement area except with the prior written permission of the Principal Secretary issued after consultation with the indvuna of the locality concerned.6. Removal of unauthorised persons
7. Allocation of land for allotments, afforestation and commonage
It shall be lawful for the Principal Secretary to allocate land in the land settlement areas for agricultural, residential and garden allotments, for afforestation and for commonage.8. Allocation of land for special purposes
9. Right to construct roads, etc., across allotments
10. Right of entry upon allotments
11. Control of grass-burning, etc.
12. Liability of residents to communal labour
13. Duties of settlers
14. Alteration, etc., of beacons
Any person who shall, without the permission of the Principal Secretary, alter, remove, deface or in any other manner interfere with any beacon shall be guilty of an offence.15. Communal responsibility of settlers
16. Grant of allotments
17. Prohibition of alienation of allotments or improvements
The rights of occupation to any allotment, whether agricultural, garden or residential, shall not be alienated, transferred, mortgaged or sublet in whole or in part, nor shall any improvement on any allotment be pledged or mortgaged for debt or for any other reason to any person, and any agreement purporting to effect a transfer of rights contrary to this section shall be null and void.18. Reallotment in case of death of settler
19. Rights of occupation to be free of rental
No rental shall be charged for the rights of occupation granted to settlers in terms of this act.20. Demarcation and control of grazing areas
21. Demarcation and control of areas for afforestation
22. Consultation between Ngwenyama and ministry
23. Power to make rules
The Ministry for Agriculture with the approval of the Ngwenyama may by notice in the Gazette make rules for the land settlement areas—24. Penalties
Any person who is found guilty of an offence against, or contravention of, this Act or of any rule issued thereunder, or who fails to comply with any lawful order, notice, direction or prohibition thereunder, shall be liable—History of this document
01 December 1998 this version
Consolidation
01 February 1946
Commenced
Documents citing this one 3
Act 3
1. | Natural Resources Act, 1951 | 17 citations |
2. | Mining Act, 1958 | 4 citations |
3. | Game Control Act | 1 citation |