eSwatini
Land Speculation Control Act, 1972
Act 8 of 1972
- Assented to on 8 February 1972
- Commenced on 1 December 1972
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title and commencement
This Act may be cited as the Land Speculation Control Act, 1972, and shall come into effect on a date to be appointed by the Minister by notice published in the Gazette.2. Interpretation
In this Act, unless the context otherwise requires—“a Board” means the Land Control Board or the Land Control Appeals Board;“appellant” means an applicant who appeals to the Land Control Appeals Board in accordance with section 13;“applicant” means a person who applies for consent in respect of a controlled transaction in accordance with section 10;“Attorney-General” includes a law officer deputed by him to carry out the functions of the Attorney-General under this Act;“condition of development” means a condition as to time and manner of development which is specified by a Board in accordance with section 12(2);“controlled transaction” means—(a)the sale, transfer, lease, mortgage, exchange or other disposal of land to a person who is not—(i)a citizen of Swaziland;(ii)a private company or co-operative society all of whose members are citizens of Swaziland;(iii)a person listed in the Schedule to this Act;(b)the issue, sale, transfer, mortgage or any other disposal of or dealing with any share in a private company or co-operative society which for the time being owns land in Swaziland, to or with a person who is not a Swaziland citizen,but does not include—(a)the transmission of land or shares by virtue of the will or intestacy of a deceased person;(b)a donation by a parent to his descendants;(c)a sale in execution of a judgment of any court;(d)a sale by a trustee of an insolvent estate or the liquidator of a company or co-operative society in liquidation;“co-operative society” means a society registered as a co-operative society under the Co-operative Societies Act, No. 28 of 1964;“development” means, in relation to land, the improvement of land for agricultural, industrial, commercial or residential purposes;“land” includes any right, title or interest in immovable property, but shall not include—(a)any land, including minerals and mineral oils, which is vested in the Ngwenyama in trust for the Swazi Nation;(b)the rental or lease of a room or cottage by an hotel, inn or boarding house;(c)the rental or lease of residential or business premises to a resident of Swaziland or a company which is registered in Swaziland for a period not exceeding three years or a renewal of the period of such rental or lease for a period not exceeding three years;“Land Control Appeals Board” means the Land Control Appeals Board established in terms of section 3;“Land Control Board” means the Land Control Board established in terms of section 3;“Minister” means the Minister for Agriculture;“private company” means a private company within the meaning of the Companies Act, No. 7 of 1912;“Registrar” means the Registrar of Deeds or any person charged by law with the registration of dealings in land or, in relation to shares, the person keeping the register of the shares;“resident of Swaziland” means the holder of a residence permit issued under the Immigration Act, No. 32 of 1964;“share” means a share within the meaning of the Companies Act, No. 7 of 1912 or the Co-operative Societies Act, No. 28 of 1964.Part II – Boards
3. Establishment of Boards
There is established—4. Members of Boards
5. Procedure of Boards
6. Power to order attendance
7. Power to inspect land
A member of a Board or a person authorized in writing by a Board may, at any reasonable time after giving at least forty-eight hours’ notice to the owner or occupier, and on production of his authority to any person reasonably requiring it, enter upon and inspect any land for a purpose relating to proceedings before a Board.Part III – Controlled transactions
8. Requirement of consent
9. Recovery of consideration
If any money or other valuable consideration has been paid in respect of or in relation to an agreement that is void by virtue of section 8, that money or consideration shall be recoverable as a debt by the person who paid it from the person to whom it was paid, but without prejudice to section 17.Part IV – Granting of consent
10. Application for consent
An application for consent in respect of a controlled transaction shall be made to the Land Control Board, and the Board shall, within sixty days of receipt of such application, either give or refuse its consent in respect of the transaction, and be subject to the right of appeal conferred by section 13, but no appeal shall lie from the decision of the Land Control Board to any court.11. Decision by Land Control Board
In deciding whether to grant or refuse consent to any application made under section 10, the Land Control Board shall—12. Form of decision
Part V – Appeal
13. Appeal to Land Control Appeals Board
Part VI – Miscellaneous
14. Registration of land owners who are non-citizens
15. Registration of documents
16. False statements
Any person who knowingly makes any false statement in an application or appeal under this Act, or who knowingly gives any false information to any person in connection with the determination of an application or appeal under this Act, shall be guilty of an offence and liable on conviction to a fine of five hundred emalangeni or in default of payment thereof to imprisonment for eighteen months.17. Act in furtherance of void transaction
If a controlled transaction, or an agreement relating to a controlled transaction, is avoided by section 8, and any person—18. Refusal to give or produce evidence
Any person who, without reasonable excuse, refuses or neglects to attend before a Board or to produce within the time allowed, any document or evidence having been required to do so under section 6, shall be guilty of an offence and liable on conviction to a fine of three hundred emalangeni or in default of payment thereof to imprisonment for six months.19. Penalties
20. Exemptions
The Minister may, by notice published in the Gazette, exempt—21. Regulations
The Minister may make regulations, not inconsistent with this Act—History of this document
01 December 1972
Commences.
08 February 1972
Assented to.
Cited documents 3
Documents citing this one 46
- Landage Investments (Pty) Ltd v Reed (6 of 1988) [1989] SZSC 1 (1 January 1989)
- Msimuko v Pefile N.O. and Another (134 of 2012) [2013] SZHC 192 (22 August 2013)
- Swaziland Government Gazette dated 1978-02-17 number 876
- Swaziland Government Gazette dated 1978-08-25 number 904
- Swaziland Government Gazette dated 1978-09-01 number 905
- Swaziland Government Gazette dated 1978-12-29 number 924
- Swaziland Government Gazette dated 1979-02-02 number 929
- Swaziland Government Gazette dated 1984-05-04 number 290
- Swaziland Government Gazette dated 1985-05-24 number 359
- Swaziland Government Gazette dated 1985-07-05 number 374
- Swaziland Government Gazette dated 1988-07-22 number 607
- Swaziland Government Gazette dated 1990-09-21 number 749
- Swaziland Government Gazette dated 1993-11-26 number 996
- Swaziland Government Gazette dated 1994-12-16 number 63
- Swaziland Government Gazette dated 1995-03-10 number 78
- Swaziland Government Gazette dated 1995-05-26 number 90
- Swaziland Government Gazette dated 1995-10-13 number 116
- Swaziland Government Gazette dated 1996-01-05 number 130
- Swaziland Government Gazette dated 1996-04-19 number 153
- Swaziland Government Gazette dated 1996-10-04 number 196
- Swaziland Government Gazette dated 1997-04-18 number 243
- Swaziland Government Gazette dated 1997-11-12 number 307
- Swaziland Government Gazette dated 1997-11-21 number 311
- Swaziland Government Gazette dated 1998-05-08 number 350
- Swaziland Government Gazette dated 1999-03-26 number 459
- Swaziland Government Gazette dated 1999-12-24 number 536
- Swaziland Government Gazette dated 2000-05-26 number 567
- Swaziland Government Gazette dated 2000-08-11 number 591
- Swaziland Government Gazette dated 2000-12-22 number 645
- Swaziland Government Gazette dated 2002-02-08 number 796
- Swaziland Government Gazette dated 2002-05-17 number 829
- Swaziland Government Gazette dated 2002-12-20 number 892
- Swaziland Government Gazette dated 2004-03-19 number 25
- Swaziland Government Gazette dated 2005-11-18 number 117
- Swaziland Government Gazette dated 2005-11-25 number 121
- Swaziland Government Gazette dated 2006-02-10 number 010
- Swaziland Government Gazette dated 2006-10-06 number 119
- Swaziland Government Gazette dated 2008-05-02 number 56
- Swaziland Government Gazette dated 2011-01-28 number 07
- Swaziland Government Gazette dated 2011-01-28 number 7
- Swaziland Government Gazette dated 2011-04-06 number 33
- Swaziland Government Gazette dated 2012-04-26 number 47
- Swaziland Government Gazette dated 2013-06-12 number 68
- Swaziland Government Gazette dated 2013-07-05 number 81
- Swaziland Government Gazette supplement dated 1992-12-11 number 917
- Swaziland Polypack (Pty) Ltd v Swaziland Government And Another (44 of 2012) [2012] SZSC 30 (31 May 2012)