Acquisition of Property Act, 1961
Act 10 of 1961
- Commenced on 3 March 1961
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Acquisition of Property Act, 1961.
2. InterpretationIn this Act unless the context otherwise requires—“Board” means a Board of assessment constituted in terms of section 10;“judge in Chambers” means the Chief Justice or any judge of the High Court sitting in Chambers;“Minister” means the Minister responsible for Natural Resources;“public purposes” means any of the following purposes—(a)for any Government or quasi-Government constructions or undertakings financed wholly or in part from public funds;(b)for or in connection with the construction or maintenance of Government hospitals or sanitary improvements of any kind, including reclamations;(c)for or in connection with the laying out of any new township, urban area, as provided for in any law, or village or the extension or improvement of any existing township, urban area or village;(d)for obtaining control over land contiguous to any railways or roads, or to other public works of convenience constructed or about to be undertaken by the Government;(e)for or in connection with the construction and maintenance of any aerodrome, landing ground or airstrip and for providing access thereto;(f)for the construction of any railway authorised by legislation or for the maintenance or working of any existing railway;(g)for any requirements of the Swaziland Electricity Board;[Added P.8/1963]“real property” and “property” mean any real right in immovable property in Swaziland other than a mortgage bond over immovable property, and include any lease of immovable property, any rights to the use of public water whether derived from the common law or from statute, any servitude, or the creation of any servitude, and any land granted or ceded to any corporation, company or person.
3. Minister may acquire property
4. Preliminary investigations
5. Notice of intention to take property
6. Powers of persons under disability to sell and convey
7. Power to take possession
8. Service of notices
9. Disputes as to compensation and titleIf for three months after the service and publication as aforesaid of such notice no claim is lodged with the Minister in respect of such property, or if the persons who may have lodged any claim and the Minister do not agree as to the amount of the compensation to be paid for the estate or interest in the property belonging to such person, or which he is by this Act enabled to sell and convey or lease, or if such person has not given satisfactory evidence in support of his claim or if separate and conflicting claims are made in respect of the same property, the amount of compensation due, if any, and every such case of disputed interest or title shall be settled as provided for in this Act.
10. Settlement of disputes by board
11. Procedure at inquiry by Board of Assessment
12. Decision in absence of partyWhere any person upon whom a notice has been served does not appear at the time appointed, a decision may be given in his absence upon hearing the evidence adduced; and such decision shall be as effectual as if given after hearing in the presence of such person.
13. Report of government officers and sworn appraisers
14. Part of a houseNo person shall at any time be required to sell and convey to the Minister a part only of any house or other building if he is willing and able to sell and convey the whole thereof.
15. Matters to be considered in determining compensation
16. Compensation for loss of rents and profitsIf the Minister has in pursuance of a notice under section 7 entered into possession of any property, the Board may award compensation to the owner of such property and to all persons entitled to any title or interest therein for loss of rents and profits for the period between the time the Minister so entered into possession and the time when the consideration due under an agreement has been paid to the persons entitled thereto or compensation has been paid under this Act.
17. Withdrawal by Minister
19. Postponement of payment of compensationThe decision of the Board respecting any compensation or any question of disputed interest or title shall be final and conclusive as respects all parties upon whom notices have been served in terms of section 8, or who have appeared and claimed or on whose behalf any person having authority thereto has appeared and claimed any compensation, interest or title:Provided that if any question of law arises as to the principle upon which compensation has been or should be awarded or as to any question of disputed interest or title the Chairman may, of his own motion or at the request of the Minister or of any person who has been shown to have any title or interest in the property acquired, reserve such questions of law for decision by the High Court and such questions shall be stated in the form of a special case and shall be determined by the High Court which may make such order as to costs as to it shall deem fit.
20. Filing for award and time for paymentIn every case where an award has been made under this Act—
21. Payment of compensation to Accountant-General
22. Conveyance of title
23. Persons in possession as ownersIf any question arises respecting the title to occupation or possession of any property to be acquired under this Act, the persons in occupation or possession thereof, or in receipt of any rents lawfully payable in respect thereof, shall be deemed to have been lawfully entitled to such occupation or possession, unless the contrary be shown to the satisfaction of the Board and they and all persons claiming under them or consistently with their possession shall be deemed entitled to the consideration or purchase money, but without prejudice to any subsequent proceedings against such persons at the instance of any person claiming to have a better right thereto.
24. Minister exonerated upon paymentThe payment in pursuance of this Act of any consideration or compensation to any person or the payment to the Accountant-General in terms of section 21(1) shall effectually discharge the Minister from seeing to the application or being answerable for the misapplication thereof:Provided that where any person is in possession in any fiduciary or representative character, the Minister may pay such consideration or compensation to such persons and in such proportions and instalments and after such notices as the Board may direct.
25. Effect of registration of conveyanceEvery conveyance of title into the name of the Minister resulting from acquisition of property under this Act shall confer on the King, his heirs and successors, the title or interest comprised or referred to therein against all persons, free from all adverse or competing rights, title, interests, trusts, claims and demands whatsoever, subject to the terms and conditions, if any, therein mentioned.
26. Proceedings where possession of property withheldIf any person hinders or obstructs any person duly authorised by the Minister in entering upon and taking possession of any property the possession of which he may lawfully claim in pursuance of this Act, the Minister may apply ex parte at any time to the High Court for a writ of possession and such court may thereupon upon proof of the service and publication of the notices mentioned in sections 5 and 7, issue a writ of possession (which shall be in Form C in the Schedule), addressed to the Sheriff under which any officer of the Sheriff or police officer may forthwith eject any person so withholding possession.
27. Penalty for hindering the taking of possessionEvery person who wilfully hinders or obstructs any person duly authorised by the Minister in entering upon or taking possession of or using any property in pursuance of the provisions of this Act or who molests, hinders or obstructs such person when in possession of such property, or hinders or obstructs any officer of the Sheriff or police officer when executing a writ of possession shall be guilty of an offence and liable on conviction to a fine not exceeding fifty emalangeni or in default of payment thereof, imprisonment not exceeding three months or to both such fine and imprisonment.[Amended P.8/1964]
28. Amount of proposed compensation to be stated in noticeEvery notice issued in terms of section 10(7) shall state the sum which the Minister is willing to pay for the property to which the notice relates, and when part only of the property belonging to any person is required such notice shall also state any sum allowed in estimating such amount for enhancement of the value of the residue of such property.
30. Presumptions of ownershipThe fact that a notice has been served upon any person under sections 5 and 7 shall not be taken as an admission by the Minister that the person on whom such notice has been served or any other person has any estate or interest in the property or any part of the property specified in the notice, or debar the Minister from alleging in any proceedings under this Act or otherwise that such property is owned by the King.
32. Power of Minister to call for statements
33. Expenses of Board of AssessmentThe Minister may prescribe the amounts to be paid to the Chairman and members of any Board in respect of travelling expenses and subsistence allowances; and in respect of fees.
34. Repeal of Proclamation No. 5 of 1902The Expropriation of Lands and Arbitration Clauses Proclamation, No. 5 of 1902, of the Transvaal, as in force in Swaziland, is hereby repealed, and any reference to that Proclamation in any deed or document shall be construed as a reference to this Act.
History of this document
03 March 1961
Cited documents 2
Documents citing this one 10
- Arbitration Act, 1904
- National Trust Commission Act, 1972
- Swaziland Government Gazette dated 1997-11-12 number 307
- Swaziland Government Gazette dated 1997-11-21 number 311
- Swaziland Government Gazette dated 1999-05-14 number 471
- Swaziland Government Gazette dated 2005-12-14 number 128
- Swaziland Government Gazette dated 2006-01-13 number 1
- Swaziland Government Gazette dated 2007-10-09 number 104
- Swaziland Government Gazette supplement dated 1999-04-30 number 468
- Town Planning Act, 1961