Official Secrets Act, 1968
Act 30 of 1968
- Assented to on 29 October 1968
- Commenced on 6 September 1968
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Official Secrets Act, 1968.
3. Penalty for spyingAny person who, for any purpose prejudicial to the safety or interests of Swaziland—
4. Communication of certain information prohibited
5. Certain acts prejudicial to the safety or interests of Swaziland prohibited
6. Obstructing persons on guard at prohibited placesAny person who, in the vicinity of any prohibited place, obstructs, knowingly misleads or otherwise interferes with any person engaged on guard, sentry, patrol or other similar duty in relation to such prohibited place, 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.
7. Harbouring or concealing certain persons and failing to report information relating to foreign agentsAny person who—
8. Communication with a foreign agent is proof of certain facts
9. Proof of purpose prejudicial to safety or interests of SwazilandIf, in any prosecution under this Act upon a charge of—
10. Special power of commissioner of policeWhere the commissioner of police is satisfied that there is reasonable ground for suspecting that an offence under section 3 or 4 has been committed and for believing that any person is able to furnish information as to such offence, or suspected offence, he may authorize a superintendent of police, or any police officer of the rank of inspector or above, to require the person believed to be able to furnish information to give any information in his power relating to such offence or suspected offence and if so required to make a tender of his reasonable expenses to attend at such reasonable time and place as may be specified by such superintendent or other officer; and if any person so required to give information or to attend, fails to comply with such requirement he 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.
11. Search warrants
12. Restriction on prosecutionNo prosecution for any offence under this Act shall be instituted except by or with the consent of the Attorney-General:Provided that a person charged with such offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for such offence has not been obtained, but no further or other proceedings shall be taken until such consent has been obtained.
13. Extra-territorial applicationThis Act shall also apply in respect of any act constituting an offence under the Act committed outside Swaziland by any citizen of Swaziland or any person domiciled in Swaziland or employed by the Government.
History of this document
01 December 1998 this version
29 October 1968
06 September 1968