eSwatini
Farm Dwellers Control Act, 1982
Act 12 of 1982
- Commenced on 4 November 1983
- [This is the version of this document at 1 December 1998.]
1. Short title, commencement and application
2. Interpretation
In this Act, unless the context otherwise requires—“Agreement” means a written agreement entered into or renewed in accordance with section 4;“Central Tribunal” means the Central Farm Dwellers Tribunal established by section 5;“to clean” means to maintain stock free from tick infestation by submerging the stock in a dipping tank containing an effective tick-destroying agent and the application of an effective tick-destroying hand-dressing approved by a Veterinary Officer, or by the spraying of stock in a spray race with an effective tick-destroying agent and the application of an effective tick-destroying hand-dressing approved by a Veterinary Officer;“dependants” means—(a)a wife or wives;(b)a child; and(c)an elderly or infirm relative;“dipping facilities” means a dipping tank or other contrivance for the cleaning and dipping of stock and structures incidental thereto as approved by a Veterinary Officer;“District Tribunal” means a District Farm Dwellers Tribunal established by section 7;“effective tick-destroying agent” or “hand-dressing” means an aqueous solution containing the equivalent of 0.16 per centum of arsenious oxide or such other percentage of arsenious oxide or such other ingredients in such proportion as a Veterinary Officer may approve;“farm” means an area of land used for, or in connection with, animal husbandry, forestry or agriculture, but does not include—(a)Crown or Government land; or(b)land vested in the Ngwenyama in trust for the Swazi Nation; or(c)stands, lots or erven in urban areas;“farm-dweller” means a person who resides on a farm other than—(a)the owner thereof; or(b)a usufructuary or fiduciary; or(c)a lessee under a written agreement of lease; or(d)the holder of a registered servitude which gives the right of occupation; or(e)the manager or agent of a person referred to in paragraph (a), (b), (c) or (d); or(f)a member of the family or a guest of a person mentioned in paragraph (a), (b), (c), (d) or (e); or(g)a person who is in the full time employment of an owner if it is a condition of his employment that the owner shall provide him or his family with residential accommodation;“Minister” means the Minister for Home Affairs;“owner” used in relation to a farm means—(a)a registered owner; or(b)if the registered owner is not in occupation of the farm, a person who, as lessee or otherwise, has for the time being the charge, control, use or management thereof;“spray race” means a mechanically-operated contrivance for the cleaning of stock by spraying, with all structures incidental thereto, as approved by a Veterinary Officer;“stock” means cattle, goats, sheep, horses, mules, asses, pigs, dogs, domesticated wild animals and such other animals as the Minister may, by notice published in the Gazette, declare to be stock;“Tribunal” means a Central or District Tribunal;“umnumzane ” means a person recognized by Swazi law and custom as the head of a homestead and includes a woman;“wife” includes a woman married in accordance with Swazi law and custom.3. Rights of farm dwellers
4. Agreements for farm dwelling (Schedule)
5. Establishment of Central Tribunal
6. Functions of Central Tribunal
Subject to the provisions of this Act, the Central Tribunal shall—7. Establishment of District Tribunal
8. Functions of District Tribunal
9. Exclusion of jurisdiction of courts, appeals and enforcement of decision
10. Limitation as to ejectment of farm dweller
11. Prohibition against further dwelling
On and after the commencement of this Act, no person shall enter and reside on a farm save with the permission of the owner of such farm.12. Right of farm dweller to retain and clean stock
13. Penalties
A person who is guilty of an offence under this Act shall be liable, on conviction, to a fine of one hundred emalangeni or, in default of payment, imprisonment for three months.14. Regulations
The Minister may make regulations—15. Power to summon witnesses
A Tribunal may in writing require any person to attend and give evidence or information before it concerning any matter which it is empowered to consider in exercise of its functions and may require the production of any document relating to any such matter by any person attending before it.16. Pending proceedings, judgments, orders, etc.
History of this document
04 November 1983
Commences.
Cited documents 1
Documents citing this one 27
- Malinga v Myeni and Others (786 of 2014) [2014] SZHC 209 (24 October 2014)
- Msibi v Ngcamphalala and Others (3093 of 2006) [2007] SZHC 59 (8 June 2007)
- Ntshalintshali v Minister Of Home Affairs And Others (40 of 2008) [2008] SZSC 34 (20 November 2008)
- Swaziland Government Gazette dated 1993-05-14 number 946
- Swaziland Government Gazette dated 1994-01-14 number 2
- Swaziland Government Gazette dated 1996-05-31 number 161
- Swaziland Government Gazette dated 1996-07-26 number 176
- Swaziland Government Gazette dated 1996-08-02 number 177
- Swaziland Government Gazette dated 1996-10-04 number 196
- Swaziland Government Gazette dated 1998-09-18 number 402
- Swaziland Government Gazette dated 2000-02-04 number 540
- Swaziland Government Gazette dated 2001-06-01 number 700
- Swaziland Government Gazette dated 2001-10-05 number 757
- Swaziland Government Gazette dated 2002-08-02 number 849
- Swaziland Government Gazette dated 2002-12-20 number 892
- Swaziland Government Gazette dated 2005-05-20 number 049
- Swaziland Government Gazette dated 2008-04-18 number 51
- Swaziland Government Gazette dated 2011-04-06 number 35
- Swaziland Government Gazette dated 2013-06-12 number 69
- Swaziland Government Gazette supplement dated 1983-06-03 number 225
- Swaziland Government Gazette supplement dated 1983-06-10 number 226
- Swaziland Government Gazette supplement dated 1983-11-04 number 255
- Swaziland Government Gazette supplement dated 1989-08-04 number 677
- Swaziland Government Gazette supplement dated 1995-10-06 number 115
- Swaziland Government Gazette supplement dated 2004-04-09 number 36
- Swaziland Government Gazette supplement dated 2012-04-27 number 50
- Swaziland Government Gazette supplement dated 2012-11-02 number 117