Swazi Administration Order, 1998
Act 6 of 1998
- Published in Swaziland Government Gazette Extraordinary 421 on 27 November 1998
- Assented to on 13 November 1998
- Commenced on 18 March 1999
- [This is the version of this document at 1 December 1998.]
1. Short title and commencementThis Order may be cited as the Swazi Administration Order, 1998, and shall come into force on such date as the Minister may by notice in the Gazette, appoint.
2. ApplicationUnless the context indicates otherwise, this Order shall apply to every person whether a Swazi or not, ordinarily resident on land situated in a Swazi area.
3. InterpretationIn this Order, unless the context otherwise requires—“Bandlancane” means the Inner Council;“Chief” means a person appointed in terms of section 7;“chiefdom” means the area under the control of a Chief;“Competent authority” means a person appointed by the Ngwenyama in Libandla for the purpose of administration of a Swazi area in terms of section 7 and includes a Chief appointed under this Order or any person holding such office;“Customary law” means the indigenous law or custom of Swaziland;“Indvuna” means a person recognised as such in terms of section 36;“kumemeta” means the act by a competent authority of issuing a royal summons in terms of customary law,(i)on behalf of a Chief calling the members of that chiefdom; or(ii)on behalf of the Ngwenyama calling the nation or a part of the nation;for a meeting or for the performance of a duty at a specific place or time;“Ngwenyama” means the Ngwenyama in Libandla;“Libandla” means the General Council comprising of such members of the Swazi nation as the Ngwenyania may consult;“Lusendvo” means an inner council of a family as understood under customary law;“Minister” means the Minister responsible for Justice;“Swazi area” means an area of land as defined in the Definition of Swazi Area’s Act, 1916 or any other area of land held by the Ngwenyama in trust for the Swazi Nation;“Umgijimi” means a person appointed in terms of section 36;“Umphakatsi” means the Chief’s official residence.
4. ChieftainshipThere shall be an office of Chief (in this Order referred to as “Chieftainship”) in such place as the Ngwenyama may so designate.
5. Powers of the NgwenyamaThe Ngwenyama shall exercise the powers conferred upon Him under this Order according to Swazi law and custom and the area of His authority shall extend over the whole of Swaziland.
6. Duty of Swazis to assist the Ngwenyama and ChiefsEvery Swazi when required by the Ngwenyama or by any Chief having jurisdiction over him shall assist in carrying out the duties imposed by this Order or by any other law or Swazi custom for the time being in force; and every person so required by the Ngwenyama or by such Chief shall be empowered to do all that may be reasonably necessary to give effect to any lawful order under this Order.
7. Appointment of Chief
8. Appointment of Acting Chief
9. Committee to be appointed in case of doubt
10. Temporary absence or incapacity of Chief
11. Functions of ChiefsThe functions of a Chief are to:
12. KhontaA Chief, after consultation with Bandlancane and in accordance with customary law, may determine questions of admission of persons to the chiefdom.
13. Prevention of crime
14. Power of Chiefs to try cases
15. Constitution of Chief’s CourtsA Chief’s Court shall be constituted in accordance with customary law.
16. Civil jurisdictionSubject to section 18, a Chief’s Court shall exercise civil jurisdiction, to the extent set out in its warrant and subject to the provisions of this Order, over causes and matters in which all parties are members of the Swazi Nation and the defendant is ordinarily resident, or the cause of action shall have arisen, within the area of jurisdiction of the Court.
17. Criminal jurisdiction
18. Submission to jurisdictionNotwithstanding the provisions of sections 16 and 17, a person who is not ordinarily resident within a chiefdom or who is not a Swazi may submit to the jurisdiction a Chief’s Court.
19. Cases excluded from ordinary jurisdictionSubject to any express provision conferring jurisdiction, no Chief’s Court shall have jurisdiction to try:
20. Laws to be administeredSubject to the provisions of this Order, a Chiefs Court shall administer:
21. Recovery of fines, damages, etc.A Chief’s Court may order that any fine, damages or other payment which it shall impose shall be paid at such time or times and by such instalments, and in kind or otherwise, as it shall think just; and in default of payment of any fine or of any instalment of the same when due, the Court may order that the amount of the fine or of the instalment as the case may be, shall be levied by the sale of any property belonging to the offender and situate within the area of the jurisdiction of the Court.
22. Practice and procedureThe practice and procedure of the Chief’s Courts shall be regulated in accordance with customary law.
23. Record of cases to be keptA Chief’s Court shall keep, in writing, a record of all cases tried by it.
24. Transfer of cases
26. Parties to appear in personNotwithstanding anything contained in any other law, no legal practitioner or advocate may appear or act for any party before a Chief’s Court.
27. Duty of Swazis to attend before Ngwenyama, chiefs and Government Officers when so directed
28. Power of Ngwenyama to issue orders
29. Unauthorised buildings
30. Power of Chiefs in event of famine
31. Power of Ngwenyama in relation to orders which may be issued by Chiefs
32. Power of the Ngwenyama and Chiefs to make rules
33. Publication of orders and rules
34. Penalties for offences
35. Penalty for conspiring against the Ngwenyama or a Chief
36. Penalty to which Chiefs are liable
37. Directives by Ngwenyama
38. Appointment of lndvuna and Umgijimi
39. Allowances for Chiefs
40. Prohibition of person from purporting to act as Chief etc.
41. Jurisdiction of courts in relation to cause or matter affecting chieftainship
42. RegulationsThe Ngwenyama may make regulations for the better carrying out of the provisions of this Order and without derogating from the generality of the foregoing, such regulations may prescribe:
43. Provision inapplicable to certain proceedingsThe provisions of the Criminal Procedure and Evidence Act, No. 67/1938 shall not apply to the proceedings of a Chief’s court.
44. Delegation and repeal
History of this document
18 March 1999
01 December 1998 this version
27 November 1998
13 November 1998