Police Act, 1957
Act 29 of 1957
- Commenced on 24 May 1957
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Police Act, 1957.
2. InterpretationIn this Act, unless the context otherwise requires—“Board” means a board constituted under section 13(1);“Commissioner” means the Commissioner of Police appointed under section 4(1) and includes any officer appointed temporarily to act in such capacity;“constable” means any member of the Force below the rank of non-commissioned officer;“Court” means the High Court or a magistrate’s court;“District Officer” [Repealed A.5/1987]“Force” means the Royal Swaziland Police Force established under this Act;“lost and found property” means movable property the owner of which is not known, but does not include stock as defined in the Stock Theft Act, No. 6 of 1904;“member of the Force” means any senior officer, subordinate officer, non-commissioned officer, constable or special constable serving in the Force in accordance with the provisions of this Act or any regulations made thereunder;[Amended A. 5/1987]“Minister” means the Prime Minister;“non-commissioned officer” means any member of the Force of the rank Sergeant;[Amended P.50/1964; A.5/1987]“pay” means the salary of a member of the Force in his substantive rank and does not include any allowances which have not been declared to be pensionable;“police lines” means an area set apart for occupation by members of the Force;“senior officer” means the Commissioner, Deputy Commissioner, Assistant Com-missioner, Senior Superintendent, Superintendent and Assistant Superintendent of the Force;[Amended A.5/1987]“special constable” means a person appointed as such under section 36(1);“subordinate officer” means an Inspector Sub-Inspector;[Amended A.5/1987]“superintendent” includes an assistant superintendent;
Part II – Organisation
3. Constitution of the ForceThe Force shall be known as the Royal Swaziland Police and shall be formally enrolled and shall be so constituted and consist of such ranks as the Minister may from time to time direct by notice in the gazette.
4. Appointment and discharge of senior officers
5. General powers of Commissioners
6. DelegationAny power conferred upon the Commissioner under this Act or any regulations made thereunder may, subject to the directions of the Commissioner, be exercised by the deputy Commissioner.
7. Powers and duties
8. Employment of Force in emergencyThe Minister may in time of war or other emergency employ the Force or any part thereof in the defence of Swaziland:Provided that the Force or any part thereof when so employed shall remain for the purpose of administration and discipline under the command of the Commissioner or such other senior officer of the Force as may be appointed by the Minister.
9. Restriction on retirement
10. Composition[Amended P.50/1964; Repealed A.5/1987]
11. RegulationsThe Minister may make regulations relating to all or any of the following—
Part III – Discipline
12. Disciplinary offences
13. Constitution of procedure of Board
14. Power to compel attendance of witnessesAny senior officer of the Force, may for the purpose of a trial by him or by a Board of which he is a member, summon any person to attend as a witness at such trial and may at such trial by him take the evidence on oath or affirmation of any witness.
15. Disobedience to summons
16. Witness’s expensesNecessary witnesses, other than members of the Force or persons in the employment of the Swaziland Government, called either for the prosecution or defence in any proceedings under this Act shall be allowed such expenses as would be allowed to witnesses attending a magistrate’s court on subpoena.
17. Representation of accusedAt all trials under this Act before a Board of Officers or a magistrate’s court the person accused shall be entitled to be represented by a legal practitioner admitted to practise in Swaziland or, except in the case of an appeal heard as provided in section 21(4), by a senior or subordinate officer approved for the purpose by the Minister.
18. Disciplinary PunishmentsA member of the Force, other than a senior officer to whom section 12(1) applies, who is guilty of an offence against discipline shall be liable to any one or more of the following punishments—
19. Stoppage of payAny fine imposed upon a member of the Force may be recovered by stoppage from the pay of such member.
20. Consideration of sentence by Commissioner
22. Recommendation as to reduction or dismissal of members of the ForceUpon conviction by a senior officer, a Board or a magistrate’s court, such officer, Board or court may, in addition to or in lieu of any of the penalties provided in this Act or any regulations made thereunder, recommend to the Minister that the person convicted be dismissed from the Force or be reduced, in the case of a member of the Force below the rank of inspector but above the rank of constable to a lower or the lowest rank.
23. Offences by persons not being members of the ForceAny person not being a member of the Force shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred emalangeni or imprisonment not exceeding six months or both, if he—
24. Fraudulent enlistmentAny person who, by a false certificate or any false representation, obtains or attempts to obtain admission to the Force, or having been dismissed from the Force, receives, by concealing that fact, any pay, allowance, gratuity or pension shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or to imprisonment not exceeding three months or both.
25. Interdiction pending enquiryAny member of the Force below the rank of inspector may be interdicted from duty at any time by the Commissioner or by any senior officer generally or specially authorised for this purpose by the Commissioner under this Act but he shall not by reason of such interdiction cease to be a member of the Force:[Amended P.35/1960]Provided that the powers, privileges and benefits enjoyed by him as a member of the Force shall, during his interdiction, be in abeyance but he shall continue to be subject to the same responsibilities, discipline and penalties and to the same authority as if he had not been interdicted:Provided further that the Commissioner in his discretion may order payment to such member of an allowance during the period of his interdiction; and if the said proceedings terminate in his favour such member shall be entitled to payment in full of his emoluments for the whole period of his interdiction while he was a member of the Force less any allowance already drawn.
26. Prosecution of offendersNothing in this Act shall prevent any person from being prosecuted otherwise than under the provisions of this Act in any case where such person would be liable to be so prosecuted, but no person acquitted or convicted of any offence under this Act shall be liable to be tried again for an offence arising out of the same facts.
27. Private employmentNo member of the Force shall without the consent of the Commissioner engage in any employment or undertaking apart from his duties under this Act.
28. ComplaintsAny member of the Force who has reasonable cause for complaint against any other member of the Force may make a written statement thereof and send it to the member of the Force under whose immediate command he falls who shall cause it to be forwarded to the Commissioner with such observations as he thinks necessary.
29. Termination, dismissal and retirementSubject to section 10 of the Civil Service Order No. 16 of 1973 the Commissioner may, in the case of any member of the Force of or below the rank of inspector, at any time—
30. Appeals against retirement and dismissal
31. Saving of pension rightsNothing contained in sections 29 and 30 shall be construed to affect any rights to a pension or gratuity to which a member might be eligible in terms of the Pensions Act No. 3 of 1968, or the regulations made thereunder.
Part IV – General
32. Unlawful possession of propertyAny person who receives or who has in his possession any animal, arms, ammunition, accoutrements, clothing, vehicle or equipment, knowing the same to have been sold, pledged, lent or otherwise disposed of in contravention of this Act or any regulations made thereunder, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or imprisonment not exceeding six months or both.[Amended P.50/1964]
33. Attachment of property of members of ForceNo animal or article mentioned in section 32 and forbidden by this Act or any regulations made thereunder to be sold, pledged, lent or otherwise disposed of shall be capable of being seized or attached under any writ of execution sued out against any member of the Force nor shall the same pass under any order made for the sequestration of the estate of any member of the Force.
34. Assignment of payNo member of the Force shall assign, without the approval of the Commissioner the whole or part of any pay or allowance payable under this Act or any regulations made thereunder.
35. Limitation of actionsFor the protection of persons acting in pursuance of this Act or any regulations made thereunder, every civil action against any such person in respect of anything done or omitted to be done in pursuance thereof shall be commenced within six months next after the cause of action arises and notice in writing of any civil action and of the substance thereof shall be given to the defendant at least two months before the commencement of the said action:Provided that the Court may for good cause shown, proof of which shall lie upon the applicant, extend the said period of six months.
36. Appointment of special constables
37. Compensation for injury, sickness or death of special constable
38. Extinguishing of firesIn the event of a fire threatening life or property the senior member of the Force present at such fire may—
39. Indemnity against civil liabilityNo action shall lie in any court of law against any member of the Force or any other person acting under the instructions of a member of the Force for the recovery of any damage caused in exercising the powers conferred upon him by section 38 unless it be proved that such damage was caused mala fide.
40. Interference with member of ForceAny person who interferes with any member of the Force who is engaged in extinguishing or controlling a fire or with any person acting under the instructions of such member shall be liable on conviction to a fine not exceeding one hundred emalangeni or imprisonment not exceeding six months.[Amended P.50/1964.]
Part V – Rewards and Fines fund
41. Establishment of Rewards and Fines Fund
42. Lost and found property
43. Apportionment of proceeds of saleSo much of the proceeds of the sale of such lost and found property as the Commissioner may direct, if no claim to it has been established within six months, may be apportioned to the finder.
History of this document
01 December 1998 this version
24 May 1957
Cited documents 1
Documents citing this one 21
- Attorney General v Swaziland Police Union, in Re: Mhlanga and Another v Commissioner of Police and Others (341 of 2007)  SZHC 149 (15 February 2007)
- Magagula v The Commissioner of Police and Another (345 of 2005)  SZHC 120 (4 August 2006)
- Mahhwayi v Minister of Works and Another (1531 of 2003)  SZHC 78 (17 June 2004)
- Mamba v Mkhwanazi and Others (467 of 2003)  SZHC 45 (16 April 2004)
- Mhlanga And Another v The Commissioner Of Police And Others (12 of 2008)  SZSC 21 (23 May 2008)
- Mhlanga and Others v Commissioner of Police and Others (1546 of 2008)  SZHC 151 (25 July 2008)
- Nedbank (Swaziland) Limited v Fakudze (978 of 2004)  SZHC 108 (13 August 2004)
- Nkambule v The Swaziland Government (1264 of 2013)  SZHC 164 (31 July 2017)
- Prime Minister Of Swaziland And Others v Vilakati (30 of 2012)  SZSC 63 (30 November 2012)
- Rex v Maphosa and Others (59 of 2016)  SZHC 57 (14 March 2016)
- Shongwe v Commissioner of Police and Another (1302 of 2001)  SZHC 63 (3 June 2004)
- Sibandze v The Prime Minister Of Swaziland And Others (28 of 2017)  SZSC 105 (17 April 2018)
- Simelane v Commissioner of Police and Others (755 of 2000)  SZHC 88 (6 July 2004)
- Swaziland Police Union and Another v Commissioner of Police and Others (341 of 2007; 764 of 2007)  SZHC 114 (29 April 2008)
- Vilakati v Prime Minister of Swaziland and Others (464 of 2009)  SZHC 66 (22 March 2013)
- Vilakazi v Prime Minister & 3 OTHERS (464 of 2009)  SZHC 105 (30 April 2012)