eSwatini
Theft and Kindred Offences by Public Officers Order, 1975
Kings Order in Council 22 of 1975
- Assented to on 8 July 1975
- Commenced on 18 July 1975
- [This is the version of this document at 1 December 1998.]
1. Short title
This King’s Order-in-Council may be cited as the Theft and Kindred Offences by Public Officers Order, 1975.2. Interpretation
In this Order, unless the context otherwise requires—“money” includes cash, negotiable instrument, postal order or money order, or any other documentary forms of payment;“parastatal body” means any body, whether corporate or unincorporate in which the Government, the Ngwenyama in trust for the Swazi Nation or the Swazi National Council holds any financial or monetary interest and includes any other body in which such parastatal body holds a financial or monetary interest;[Added A.5/1981]“public money” [Repealed A.5/1981]“public officer” means the holder of any public office and includes the holder of any office in the Royal Swaziland Police Force, the Umbutfo Swaziland Defence Force, the Prison Service and any employee holding office in any statutory corporation or parastatal body;[Added A.5/1981]“public property” means any property of any kind whatsoever owned, controlled, kept by or in the possession of Government or a statutory corporation or parastatal body, as the case may be, whether as principal, agent, depository or in trust and includes money;[Amended A.5/1981]“responsible officer” means a person who is empowered to suspend a public officer and includes a body of persons having such power;[Amended A.5/1981]“statutory corporation” means any body, whether corporate or unincorporate, established under any law;[Added A.5/1981]“theft”, in addition to its ordinary meaning, includes any offence involving fraud, forgery, false pretences and the receiving of property with knowledge that it has been stolen.[Amended A.5/1981]3. Suspension of public officer and prohibition from dealing with assets
4. Penalty for theft by public officer
A person convicted of theft under this Order shall be liable to a minimum sentence of six months’ imprisonment in the case of a first conviction or a minimum sentence of twelve months in the case of a second or subsequent conviction, without the option of a fine, and no such sentence or part thereof shall be suspended:Provided that the court may impose a lesser penalty of imprisonment or a fine—5. Court may order compensation
History of this document
01 December 1998 this version
Consolidation
18 July 1975
Commenced
08 July 1975
Assented to