Swaziland National Provident Fund Order, 1974
Kings Order in Council 23 of 1974
- Assented to on 30 August 1974
- Commenced on 1 February 1975
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short titleThis King’s Order-in-Council may be cited as The Swaziland National Provident Fund Order, 1974.
Part II – Swaziland National Provident Fund
3. Swaziland National Provident Fund established
4. Establishment of the Board
5. The chief executive officer
Part III – Eligibility, membership and registration
7. Eligible employeesAny person employed under a contract of service shall be an eligible employee for the purposes of this Order:Provided that a casual employee, or a person who is not a citizen of Swaziland or a person who is an employee in an excepted employment mentioned in the second Schedule shall not be so eligible.[Amended K.O-I-C. 26/1975]
8. Registration of employers and employees
9. Contributing employers
10. Voluntary membershipAny employer who is not required to register by an order made under section 8(1)(a) may, subject to any prescribed terms and conditions, apply to the executive officer for voluntary registration as a contributing employer and any eligible employee of such employer may thereafter apply for voluntary registration as a member of the Fund.
11. Religious organisationsA religious organisation which desires to make statutory contributions in respect of any minister of religion may apply to the executive officer in the prescribed manner to register under this Part of the Order, and the executive officer shall thereupon cause the religious organisation to be registered as an employer for the purposes of this Order.
12. Registered employers to notify executive officer of eligible employeesAny employer who registers or is registered under this Part shall, in the prescribed manner and without delay—
13. Membership of Fund to continue despite loss of qualification for registrationNo person registered as a member of the Fund shall cease to be a member by reason only of the fact that since registration he has—
Part IV – Contributions and payments to the Fund
14. Statutory contributions
15. Minister to prescribe statutory contributionThe Minister may, after consultation with the Minister for Finance and Economic Planning, make regulations prescribing the statutory contribution which a contributing employer shall be required to pay into the Fund for every eligible employee employed by him during any contribution period.
15bis. Power to amend SchedulesThe Minister may, by notice in the Gazette, amend any Schedule made under this Act.[Added A.5/1995]
16. Special contributions
17. Employee’s share
18. Supplementary contributions by employersSubject to this section and in addition to any contributions payable by a contributing employer under section 14, he may make supplementary contributions to the Fund in respect of any part or the whole of any wages paid to an eligible employee for the purpose of providing his eligible employee with an improved benefit:Provided that the supplementary contribution shall not be less than five per centum of the employee’s wages on which the supplementary contribution is assessed.
19. Capital sum payment by employerAn employer may at any time pay into the Fund a capital sum for the purpose of providing a benefit for his employee or former employee eligible for membership of the Fund or a dependant of such employee or former employee, and if such person is not a member of the Fund, the executive officer shall cause an account to be opened in the name of such person for such purpose, and administer it in accordance with any conditions agreed to by the employer and the executive officer.
20. Member contributing on his own behalf
21. Recovery of contributions from employers and penalty
22. Members’ accountsThe executive officer shall establish and maintain for every eligible employee in respect of whom a contribution has been made under this Order—
23. Protection of members’ accountsThe sum standing to the credit of a member’s account in the fund shall, until paid out in accordance with this Order, remain the property of the Board and shall not form part of the assets of a member in the event of his becoming an insolvent or bankrupt under the laws of any country, or be liable to attachment in satisfaction of any of his debts; and any security, pledge, cession or assignment given before or after the commencement of this Order which purports to include any such sum or part thereof shall, to such extent be void.
Part V – Benefits
24. Description of benefits
25. Age benefit
26. Invalidity benefit
27. Emigration benefitSubject to section 24, a member of the Fund who emigrates permanently, or is intending to emigrate with no present intention of returning to Swaziland, shall be entitled to an emigration benefit.
28. Survivor’s benefit
29. Actuarial reports on Fund and method of payment of benefit
Part VI – Financial
30. Accounts and audit
31. Investment committee
32. Investment of moneysInvestment of moneys in the Fund not otherwise required shall be made by the executive officer in accordance with the directions of the investment committee, provided that the provisions of section 31(8) have been satisfied.[Amended A.5/1995]
33. Reserve Account
34. Interest on accounts
35. Refund of excess contributionsMoneys paid to the Fund in excess of the amount for which an employer is liable in respect of an employee may be refunded to the employer, or to the employee, or to both, as the case may be, in such manner as the executive officer may approve in each case.
Part VII – Legal
36. Criminal proceedings
37. Institution of civil proceedingsAny civil proceedings, including the filing of any claims in an insolvent estate or a company in liquidation, for the recovery of any contribution due by any person under this Order shall be made by, and be instituted in the name of, the Board or any person authorised by it.
38. Priority of paymentWhere an employer becomes insolvent or, if the employer is a company, where the company is wound up, any contribution, penalty or other payment due to the Fund in respect of any employee by such employer, shall be a preferent claim to the same extent as other preferent claims are treated under the Insolvency Act, 1955.[Amended A.5/1995]
39. Protection of contributionsNotwithstanding any other law, the messenger of a Magistrate’s Court or the Sheriff of the High Court, as the case may be, shall in the case of the sale in execution or under an order of court of any property of an employer, whether movable or immovable, deduct from the proceeds of such sale any amount certified by the executive officer as being due by the employer to the Fund under this Order and pay it to the executive officer, unless the employer or any other person provides adequate security for the immediate payment to the Fund of the amount so certified.
40. Certificates as evidenceA written extract of an entry in the accounts or records of the Fund shall, when certified by the executive officer, be received in all courts as prima facie evidence of the truth of the contents thereof.
Part VIII – Miscellaneous
41. Existing schemes
42. Exemption from stamp duty
43. Prohibition against misuse of information received
44. RegulationsThe Minister may make regulations to give effect to the provisions of this Order and, without prejudice to the generality of such power, such regulations may provide for—
45. Reciprocal agreements
History of this document
01 December 1998 this version
01 February 1975
30 August 1974