National Agricultural Marketing Board Act, 1985

Act 13 of 1985


eSwatini

National Agricultural Marketing Board Act, 1985

Act 13 of 1985

  • Commenced on 1 February 1986
  • [This is the version of this document at 1 December 1998.]
An Act to establish the National Agricultural Marketing Board.

1. Short title and commencement

This Act may be cited as the National Agricultural Marketing Board Act, 1985.

2 Interpretation

In this Act, unless the context otherwise requires—Board” means the National Agricultural Marketing Board established under section 3;Minister” means the Minister responsible for Agriculture and Co-operatives;scheduled products” means products designated as such under section 15.

3. Establishment of Board

There is hereby established the National Agricultural Marketing Board which shall be a body corporate with perpetual succession and a seal, capable of suing and of being sued in its corporate name, capable of acquiring and alienating movable and immovable property and of perfoming such other acts as a body corporate may lawfully perform.

4. Membership of the Board

(1)
(a)The Board shall consist of the following members all of whom shall be appointed by the Minister
(i)a Chairman;
(ii)a representative of the Ministry responsible for agriculture;
(iii)a representative of the Ministry responsible for commerce;
(iv)a representative of the Central Co-operative Union;
(v)one person representing retailers of fruits and vegetables;
(vi)three persons who shall represent farmers; and
(vii)two persons with such qualifications and who shall represent such organizations as the Minister may determine.
(b)The Minister may designate a public officer to be the Executive Officer and Secretary to the Board.
(2)A member of the Board who is not a public officer shall hold office for such period not exceeding three years and on such other terms and conditions as the Minister may determine and shall be eligible for re-appointment.

5. Functions of the Board

In the exercise of its powers under section 5 and subject to any directions of a gene­ral nature which may be given to it by the Minister under section 7, the Board may—
(a)register wholesale distributors, importers and exporters of scheduled products;
(b)facilitate in such manner as it may consider appropriate, the production, processing, storage, transportation, distribution and sale of scheduled pro­ducts;
(c)where required to do so, advise the Government in all matters related to the availability of and demand for scheduled products;
(d)perform such other functions as may from time to time be determined by the Minister.

6. Powers of the Board

In the exercise of its functions under section 5, the Board may—
(a)require any person wishing to engage or who is engaged in importing and exporting scheduled products to register with and obtain a permit from the Board;
(b)nominate and empower any person or body to import or export scheduled products;
(c)determine the quantity, quality, grade or class of scheduled products that shall be subject to control and designate the place and manner of distribution of scheduled products;
(d)require from any person information relating to the source, type, grade, quantity and price of scheduled products;
(e)prescribe and collect permit fees and impose such levy as may be appropriate on the value of scheduled products.

7. Power of the Minister

The Minister may give directions of a general nature to the Board relating to the performance of its duties and the Board shall comply therewith.

8. Appeal to the Minister

A person aggrieved by any decision of the Board not to grant a permit to import or export scheduled products may, within thirty days of his being informed of such decision, appeal to the Minister in writing whose decision thereon shall be final.

9. Procedure of the Board

(1)The proceedings of the Board and other matters relating thereto shall be governed by the provisions set out in the Schedule hereto.
(2)The Minister may, by Notice in the Gazette amend the Schedule.

10. Funds and assets of the Board

The funds and assets of the Board shall consist of—
(a)all moneys or property that may from time to time be donated, lent or granted to the Board;
(b)all property and investments acquired by or vested in the Board and all money earned arising therefrom;
(c)all moneys raised or borrowed by the Board;
(d)all other moneys or property that may in any manner become payable to or vested in the Board in respect of any matter incidental to its powers and functions.

11. Borrowing powers of the Board

The Board may, with the approval of the Minister, borrow such sums as it may require for meeting its obligations or exercising or performing its functions.

12. Financial year

The Financial year of the Board shall run from the 1st January, to the 31st December in one year:Provided that the first financial year may be shorter or longer than twelve months if the Board so determines.

13. Accounts and audit

(1)The Board shall cause to be kept books of account in proper form as well as all necessary records in connection therewith.
(2)The accounts of the Board shall be subject to an annual audit by an auditor appointed by it and approved by the Minister.
(3)The Board shall within six months after the end of each financial year—
(a)report to the Minister in such form as the Minister may direct on the performance by it of its functions;
(b)deliver to the Minister a copy of its accounts audited in accordance with subsection (2).
(4)The Minister shall lay before Parliament copies of all audited accounts as soon as practicable after he has received them.

14. Offences and penalties

A person who fails to comply with instructions issued under section 6(a) and (d) or who fails to pay a fee or levy imposed under section 6(c), shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred emalangeni or imprisonment for three months.

15. Regulations

The Minister may make Regulations prescribing scheduled products and generally giving effect to the provisions of this Act.

Schedule (Section 9)

Rules of procedure of the Board

1.The Board shall meet at least once every three months.
2.The Chairman of the Board shall convene and preside at all meetings of the Board.
3.In the absence of the Chairman, but subject to the quorum, the Board shall appoint an Acting Chairman from among the members present to preside at a meeting of the Board.
4.The quorum for a meeting of the Board shall be five members.
5.All decisions of the Board shall be made by a majority of the votes of the members present and in the event of an equality of votes, the Chairman or Acting Chairman as the case may be, shall have a casting vote in addition to his deliberative vote.
6.Subject to the Act and this Schedule, the Board may regulate its own proceedings.
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History of this document

01 December 1998 this version
Consolidation
01 February 1986
Commenced

Cited documents 0

Documents citing this one 33

Gazette 30
1. Swaziland Government Gazette dated 1985-11-29 number 408
2. Swaziland Government Gazette dated 1986-02-14 number 422
3. Swaziland Government Gazette dated 1986-05-02 number 431
4. Swaziland Government Gazette dated 1986-05-02 number 437
5. Swaziland Government Gazette dated 1986-11-28 number 488
6. Swaziland Government Gazette dated 1991-04-26 number 792
7. Swaziland Government Gazette dated 1991-05-10 number 796
8. Swaziland Government Gazette dated 1991-11-29 number 833
9. Swaziland Government Gazette dated 1992-06-19 number 876
10. Swaziland Government Gazette dated 1992-07-17 number 882
11. Swaziland Government Gazette dated 1995-08-18 number 107
12. Swaziland Government Gazette dated 1995-09-29 number 114
13. Swaziland Government Gazette dated 1996-03-01 number 142
14. Swaziland Government Gazette dated 1996-03-29 number 148
15. Swaziland Government Gazette dated 2000-08-02 number 587
16. Swaziland Government Gazette dated 2001-07-18 number 726
17. Swaziland Government Gazette dated 2001-09-04 number 746
18. Swaziland Government Gazette dated 2001-12-17 number 785
19. Swaziland Government Gazette dated 2001-12-19 number 787
20. Swaziland Government Gazette dated 2010-11-08 number 123
21. Swaziland Government Gazette dated 2010-11-30 number 134
22. Swaziland Government Gazette dated 2011-03-28 number 30
23. Swaziland Government Gazette dated 2013-08-16 number 110
24. Swaziland Government Gazette supplement dated 1986-11-28 number 488
25. Swaziland Government Gazette supplement dated 1988-01-22 number 574
26. Swaziland Government Gazette supplement dated 1988-12-23 number 634
27. Swaziland Government Gazette supplement dated 1989-02-24 number 645
28. Swaziland Government Gazette supplement dated 1989-12-29 number 699
29. Swaziland Government Gazette supplement dated 2010-10-01 number 112
30. Swaziland Government Gazette supplement dated 2012-08-10 number 89
Judgment 3
1. Kunene vs National Agricultural Marketing Board (53) [2023] SZHC 522 (19 June 2023)
2. Sapwu: Namboard Employees v National Agricultural Marketing Board (21 of 2018) [2020] SZIC 50 (13 May 2020)
3. Southern Trading Company v Minister For Agriculture & Cooperatives And Others (50 of 2011) [2012] SZSC 17 (31 May 2012)