eSwatini
Interpretation Act, 1970
Act 21 of 1970
- Assented to on 24 June 1970
- Commenced on 3 July 1970
- [This is the version of this document at 1 December 1998.]
1. Short title
This Act may be cited as the Interpretation Act, 1970.General provisions
2. Interpretation of certain words and expressions
3. Expressions relating to writing
In every law expressions relating to writing shall, unless the contrary intention appears, be construed as including also reference to typewriting, lithography, photography, and all other modes of representing or reproducing words in visible form.4. Gender and number
In every law, unless the contrary intention appears—5. Definitions in law to apply to subordinate legislation
Where terms defined in a law are used in regulations, rules, bye-laws or orders under a law, those terms shall have the meanings assigned to them by the law unless they are otherwise defined in those regulations, rules, bye-laws or orders, or unless there is something in the subject or context inconsistent with such construction.Commencement, distance and time
6. Commencement of laws
7. Measurement of distance
In the measurement of a distance for the purposes of a law, that distance shall, unless the contrary intention appear, be measured in a straight line on a horizontal plane.8. Computation of time
In computing time for the purposes of a law, unless the contrary intention appears—Powers and appointments
9. Construction of provisions as to exercise of functions
10. Implied power
11. Signification of exercise of powers of the King or a Minister
12. Power of Ministers to delegate certain powers
13. Ngwenyama acting in Libandhla
Where the Ngwenyama is required by law or Swazi law and custom to act in Libandhla, the signature of the Ngwenyama to a written statement that he has so acted, shall be deemed, for all purposes, prima facie evidence of his having so acted.14. Power to appoint to include power to suspend or dismiss, etc
Where a power to make an appointment is conferred by a law, then, unless the contrary intention appears, the authority having power to make the appointment shall also have the power to remove, suspend, dismiss, re-appoint, or re-instate any person appointed by it in exercise of the power.15. Power to appoint member of board, etc., temporarily
Where, by a law, a power is conferred on an authority to appoint a person to be a member of a board, commission, committee, or similar body, that authority may, if during any period owing to absence or inability to act from illness or any other cause a member so appointed is unable to act as a member, appoint some other person to act temporarily for that member during the period of absence or inability.16. Effect of vacancy on powers of board, etc.
Where, by a law, a board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless the contrary intention appears, the powers of the board, commission, committee or similar body shall not be affected by—17. Appointment of officers by name or office
18. Official designation to include officer executing duties
When reference is made in a law to a public officer by the terms designating his office, the term shall include the officer for the time being executing the duties of that office or any of them.18bis. Acting appointments
19. Change in title of public office
Where a change in the title of a Minister, a public office or a department of Govern-ment occurs, or the King assigns or re-assigns responsibility for the conduct of any business of the Government in terms of section 83 of the Constitution, the Prime Minister shall by notice in the Gazette—20. Power of majority
Where, by a law, an act or thing may or is required to be done by more than two persons, a majority of them may do it.Repeal, re-enactment and amending legislation
21. References to repealed law to apply to substituted law
Where a law repeals and re-enacts, with or without modification, any provisions of a former law, references in any other law to the provisions so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.22. Construction of amending law
Where a law amends or adds to a law, the amending law shall, so far as is consistent with the tenor thereof, and unless the contrary intention appears, be construed as one with the amended law.23. Repeal of law not to affect its past operation
Where a law repeals another law in whole or in part then, unless the contrary intention appears, the repeal shall not—Provisions relating to subsidiary legislation
24. Certain laws to be published in the Gazette
When a law is authorized by another law to be made by the King, a Minister or a local authority, a public body or person, with the approval of the King or a Minister the first-mentioned law shall, subject to the provisions relative to the force and effect thereof in any law, be published in the Gazette and shall, unless the contrary intention is expressed, come into force on the date of publication.25. General provisions respecting the making of regulations, etc.
Where a law confers power on an authority to make subsidiary laws the following provisions shall, unless the contrary intention appears, have effect with reference to the making and operation of subsidiary laws—26. Fees
27. Effect of repeal of law on subsidiary law
28. Exercise of statutory powers between promulgation and commencement of a law
Where a law is not to come into operation immediately on its promulgation and it confers powers to—General
29. Gazette and publications by Government Printer prima facie evidence
The production of a copy of the Gazette containing a law or notice, or of a copy of a law or notice purporting to be printed by the Government Printer, shall be prima facie evidence of the due making and tenor of the law or notice.30. Deviation in forms
Whenever forms are prescribed in a law, minor deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them.31. Penalties to be maximum ones
Where, in a law, a fine or imprisonment is prescribed for an offence against the law, the offence is punishable, on conviction, by a fine or imprisonment not exceeding the amount prescribed.32. Saving of rights of Government
Subject to the Constitution, no law shall affect the rights of the Government unless it is in that law expressly stated, or unless it appears by necessary implication that the Government is bound by it.33. Serving of notices and other documents
34. Enquiries and appeals
35. Evidence of signature of Attorney-General
Where, by a law, the approval, consent or any other form of authorisation of the Attorney-General is necessary before any action or prosecution is commenced, a document purporting to be the approval, consent or authorisation of the Attorney-General shall be received as prima facie evidence in any proceedings without proof being given that the signature to the consent or authorisation is that of the Attorney-General.36. Definition of terms in Republican laws
The following words, where they occur in any law of the former South African Repub-lic in force in Swaziland, unless otherwise expressly provided, have the meanings hereby assigned to them—“Zuid Afrikaansche Republiek”, “Republiek”, “Staat” or any like expression means Swaziland;“Staats Procureur” or any like expression means the Attorney-General for Swazi-land;“Staats President” or any expression denoting the Head of the former South African Republic means the King;“Staats Secretaris” or any like expression means the Prime Minister;“Landrost” means magistrate; and“Publieke Aanklager” means the Attorney-General for Swaziland.37. Application to Government
This Act binds the Government.History of this document
01 December 1998 this version
Consolidation
03 July 1970
Commenced
24 June 1970
Assented to
Cited documents 0
Documents citing this one 35
Judgment 26
Gazette 4
Act 3
1. | Public Order Act, 1963 | 9 citations |
2. | Factories, Machinery and Construction Works Act, 1972 | 2 citations |
3. | Vagrancy Act, 1963 |
Kings Order in Council 2
1. | Swaziland Commercial Board Order, 1975 | |
2. | Swaziland Royal Insurance Corporation Order, 1973 |