Government Liabilities Act, 1967

Act 2 of 1967


eSwatini

Government Liabilities Act, 1967

Act 2 of 1967

  • Assented to on 21 August 1967
  • Commenced on 25 August 1967
  • [This is the version of this document at 1 December 1998.]
An Act to impose liabilities on the Government in respect of acts of its servants.

1. Short title

This Act may be cited as the Government Liabilities Act, 1967.

2. Claims against the Government cognisable in any competent court

Any claim against the Swaziland Government which would, if it had arisen against an individual person or corporate body, be the ground of an action in any competent court, shall be cognisable by any such court, whether the claim arises or has arisen out of any contract lawfully entered into on behalf of the Government or out of any wrong committed by any servant of the Government acting his capacity and within the scope of his authority as such servant:Provided that nothing in this section shall be construed as affecting the provisions of any law which limits the liability of the Government or any department thereof in respect of any act or omission of its servants, or which prescribes specified periods within which a claim shall be made in respect of any such liability or imposes conditions on the institution of any action.

3. Proceedings to be taken against the Attorney-General

In any action or other proceedings which are instituted by virtue of section 2, the plaintiff, the applicant or the petitioner, as the case may be, may make the Attorney-General the nominal defendant or respondent and in any action or other legal proceedings by the Government or any Minister, the Attorney-General may be cited as the nominal plaintiff or applicant, as the case may be.[Amended K.O-I-C. 40/1975]

4. No execution or attachment to be issued, but Government required to pay the sum awarded

No execution or attachment or process in the nature thereof shall be issued against the defendant or respondent in any such action or proceedings referred to in section 2 or against any property of the Government:Provided that the Accountant-General shall cause such money as may, by a judgment or order of the court, be awarded to the plaintiff, the applicant or the petitioner, as the case may be, to be paid out of the revenues of Swaziland.
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History of this document

01 December 1998 this version
Consolidation
25 August 1967
Commenced
21 August 1967
Assented to

Cited documents 0

Documents citing this one 16

Judgment 16
1. Bongiwe And Others v Sos High School (275 of 2015) [2019] SZIC 4 (6 February 2019)
2. Dlamini v Conco Swaziland (ruling) (64 of 2004) [2007] SZIC 34 (8 June 2007)
3. Ezeogu And Others v Swaziland Government And Others, In Re: Swaziland Government And Others v Ezeogu (474 of 2006) [2007] SZIC 66 (20 February 2007)
4. Fakudze v Commissioner Of Police (8 of 2002) [2002] SZSC 8 (7 June 2002)
5. Gamedze And Others v Rex (7 of 2002) [2002] SZSC 9 (7 June 2002)
6. Hlatshwayo v Swaziland Government And Another (398 of 2006) [2006] SZIC 79 (11 September 2006)
7. Masemola v Shabangu and Others (1684 of 2005) [2005] SZHC 78 (29 July 2005)
8. Matsenjwa And Another v Fidelity Springbok Security Services (180 of 2005) [2007] SZIC 35 (27 June 2007)
9. Mavuso v A And M Enterprises (Pty) Ltd (318 of 2007) [2007] SZIC 39 (20 July 2007)
10. Mhlanga v Milito Investment (202 of 2007) [2007] SZIC 31 (1 June 2007)
11. Mvubu v Gule and Others [1995] SZHC 78 (26 May 1995)
12. Ntshangase v Pasadas Restaurant (211 of 2007) [2007] SZIC 32 (1 June 2007)
13. Protonics Networking Corporations (Pty) Ltd v Simelane (275 of 2007) [2007] SZIC 37 (4 July 2007)
14. Swaziland National Association Of Civil Servants v Attorney General And Others (688 of 2006) [2007] SZIC 65 (9 February 2007)
15. Swaziland National Association Of Civil Servants v Swaziland Government (62 of 2005) [2005] SZIC 10 (28 February 2005)
16. Swaziland Processing Refining Allied Workers Union (sprawu) v Palfridge (208 of 2007) [2007] SZIC 38 (10 July 2007)