Public Order Act, 1963
Act 17 of 1963
- Commenced on 14 June 1963
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title and application
2. InterpretationIn this Act, unless the context otherwise requires—“ammunition” means—(a)ammunition for a firearm,(b)grenades, bombs and other like missiles whether capable of use with a firearm, or not,(c)ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other thing;“Attorney-General” includes law officer authorized by him for the purpose;“chief” has the same meaning as in section 1 of the Swazi Administration Act No. 79 of 1950;“convenor”, in relation to a meeting, means, in addition to the actual convenor and any person on whose instructions he is acting, every member of the executive authority of the organization under the auspices of which a meeting is held or to be held;“executive authority” means a board, committee or other body of persons in which is vested the power of controlling or managing a public body or any other organization;“explosive” has the same meaning as in section 2 of the Explosives Act, No. 4 of 1961;“firearm” means any automatic pistol, revolver, rifle, shotgun or other lethal-barrelled weapon of any description from which any shot, bullet or other missile can be discharged, or which can be adapted for the discharge of a shot, bullet or other missile, or a weapon of any description designed or adapted for the discharge of any noxious liquid, gas or other thing, but does not include an airgun of less than .22 calibre;“incendiary material” means material capable of being used for causing damage to property by fire;“judicial officer” means a Judge or any magistrate;“magistrate” means a person entitled to preside over a court in terms of the Magistrate’s Court Act, No. 66 of 1938;“Minister” means the Prime Minister;“offensive weapon” means any article made or adapted for use for causing injury to the person, or intended for such use by the person having it in his possession or under his control;“organizer” includes convenor and any person who in any way participates in organizing a public gathering;“private premises” means premises to which the public has access (whether on payment or otherwise) only by permission of the owner, occupier or lessee of the premises;“procession” means a gathering or assembly of ten or more persons which moves from one place to another;“property” has the same meaning as in section 3 of the Criminal Procedure and Evidence Act No. 67 of 1938;“public body” means local authority, a body specifically constituted by legislative enactment and a public company with a paid up share capital of not less than one hundred thousand emalangeni;“public gathering” means a public meeting, a public procession, or any other meeting, gathering or concourse of ten or more persons in a public place;“public meeting” means a public gathering for any purpose in a public place but does not include—(a)a gathering for the lawful purposes of—(i)the Ngwenyama or a Chief acting in accordance with the Swazi Administration Act No. 79 of 1950 or Swazi law and custom; or(ii)a public body; or(iii)a gathering or assembly of members of a trade union registered under the law relating to trade unions, convened and held exclusively for a lawful purpose of that trade union; or(iv)a gathering or assembly convened and held exclusively for social, cultural, charitable, recreational, religious, professional, commercial or industrial purposes; or(b)a gathering specified by notice, published in the Gazette, by the Minister;“public officer” means any person in the service of or holding office under the Government, whether the service be permanent or temporary or paid or unpaid;“public place” means a place to which for the time being the public or any section of the public are entitled or permitted to have access, whether on payment or otherwise, or in relation to a meeting to be held in the future, a place which will, on the occasion and for the purposes of that meeting, be a public place;“public procession” means a procession in, to or from a public place;“statutory document” means—(a)a licence, permit, identity card, record or return or certificate of or relating to, employment, or any other record of or document establishing, status, identity, qualifications, service, authorization, eligibility or entitlement, made, granted, given or issued under and for the purposes of and in the form prescribed by any law and being of current validity, or(b)a part thereof, or(c)a copy thereof, so made, granted, given or issued.[Amended P.53/1963; A.9/1968]
Part II – Public gatherings, etc.
3. Control of public gatherings
4. Prohibition of offensive weapons at public meetings and processions
5. Power to prohibit entertainments and sporting events
6. Acts or conduct constituting an incitement to public violenceA person shall be deemed to have committed the common law offence of incitement to public violence if, in any place whatever, he has acted or conducted himself in such manner or spoken or published such words, that it might reasonably be expected that the natural and probable consequences of his act, conduct, speech or publication would under the circumstances, be the commission of public violence by members of the public generally or by persons in whose presence the act or conduct took place or to whom the speech or publication was addressed.
7. Jurisdiction in the manner of punishmentA magistrate shall have jurisdiction to try offences against this Act and to impose penalties not exceeding those prescribed by this Act.
8. Saving of other laws as to dispersal of riotous gatheringsNothing contained in this Part shall be construed as affecting or derogating from any right conferred or duty imposed upon a chief, police officer or member of the public under any other law, including the common law, to assist in the dispersal of riotous gatherings or the prevention and suppression of riotous and seditious acts.
Part III – Flags, banners and emblems
9. Prohibition of flags, etc., of political organizations
Part IV – Possession of firearms etc.
10. Possession of firearms, etc., to prejudice of public order
Part V – Sabotage
Part VI – Intimidation and molestation
12. Intimidation and molestation
Part VII – Boycotts
13. Wrongfully inducing a boycott
Part VIII – Notified liabilities and statutory documents
14. Notified liabilities
15. Destruction, etc. of statutory documents
Part IX – Tampering with public officers, etc.
16. Tampering with public officers, etc.A person shall be guilty of an offence and liable on conviction to imprisonment not exceeding three years, if he—
Part X – Quasi-military organizations and political uniforms
17. Prohibition of organizations equipped to usurp functions of police, etc.
18. Prohibition of uniforms, etc. in connection with political objects
Part XI – Miscellaneous provisions
19. Service of documentsIf any order, notice or other document is required, by or under this Act, to be given to or served on any person, service thereof may be effected either personally or by registered post; and, if the person to be served is a body corporate or a society or other body of persons, service of any such order, notice or document may be effected—
20. Offences by corporations, societies, etc.If an offence under this Act is committed by any company or other body corporate, or by any society, association or other body of persons, every person charged with or concerned or acting in, the control or management of the affairs or activities of that company, body corporate, society, association or body of persons shall be guilty of such offence and liable to be punished accordingly, unless it be proved by him that—
21. Proof of instigation, lawful authority or excuse
History of this document
01 December 1998 this version
14 June 1963
Cited documents 4
Documents citing this one 9
- Swaziland Government Gazette dated 1995-07-14 number 100
- Swaziland Government Gazette dated 1995-07-24 number 102
- Swaziland Government Gazette dated 1996-01-19 number 133
- Swaziland Government Gazette dated 1997-01-31 number 222
- Swaziland Government Gazette dated 2001-06-25 number 714
- Mazibuko v Commissioner Of Police and Others (951 of 2007)  SZHC 7 (20 January 2012)
- R v Matsaba and Another (16 of 2009)  SZHC 106 (18 March 2009)
- Swaziland National Association Of Teachers (snat) And Another v Prime Minister And Others  SZICA 1 (2 January 2000)