The
Game Act, 1953 (as amended 1991)
Date of commencement: 1st
September, 1953
An Act to amend the laws dealing
with the preservation of game, and to provide for the preservation of other
types of wild life in Swaziland.
Short title
Interpretation
Amendment
of Schedules
Temporaty
protection of game
Sanctuaries
Close season
Prohibition
of hunting and dealing in specially protected and royal game
Licences
to hunt game during open season
Conditions
may be endorsed on licences
Hunting
by aircraft or motor vehicle or with fire, etc.
Use of nets,
etc., prohibited
Privileges
and rights of landowners, etc.
Free permits
Export
and import of game trophies, etc.
Taking,
etc., of eggs of birds and young of game
Prohibition
of trespass in pursuit of game
Right
of search
Appointment
and powers of game rangers
Evidence
Power
to make regulations
Penalties
Previous
convictions
Suspended
sentences prohibited
Reward for
informants
The
Minister to appoint Advisory Committee
Application
of Act
Short
title
1. This Act may be cited as
the Game Act.
Interpretation
2. In this Act, unless the
context otherwise requires:
aircraft means any machine
or apparatus which is capable of flying;
animal means any veterbrate
animal which is indigenous to Swaziland;
bird means any bird,
or part thereof, or the nest or eggs of any bird, mentioned in the Second
and Third Schedules to this Act;
common game means any
animal or bird which is named in the Third Schedule or any part of any
such animal or bird;
game includes specially
protected game, royal game and common game, or any part of any such game;
game farm means a defined
area which is surrounded by a game fence and which is used or is intended
to be used for producing sustained surpluses from viable capital stocks
of animals or birds for commercial purposes;
game farmer means any
person who has erected a game fence around his property to enclose a viable
population of animals or birds for the purpose of propagating surpluses
from capital stocks for commercial reasons;
game fence means a
fence constructed to a standard which is substantially more than a stock
fence and which effectively controls the movement of wild animals out of
or into defined area;
game ranger means a
game ranger appointed by the Minister in terms of sub-section (1) of section
23 of this Act, or any person acting on the instruction of any such game
ranger;
hunt includes shooting
at pursuing, taking, stealing, killing, injuring, snaring, capturing, trapping
or wilfully disturbing animals, and the taking or destruc-tion or wilfully
disturbing of the eggs or nests of birds;
manager means a person
actually present and resident upon a property and who is responsible to
the owner for the administration thereof;
Minister means the
Minister responsible for Natural Resources;
owner means the registered
owner of land or his spouse or children;
raw product means the
product of any animal or part of any animal which is still intact and unworked
or unprocessed or unmanufactured, provided that a polished product, or
a product superficially worked so as to camouflage it from being a raw
product, shall constitute a raw product;
royal game means any
animal or bird which is named in the Second Schedule of this Act or any
part of any such animal or bird;
specially protected game
means
any animal which is named in the First Schedule to this Act or any part
of any such animal;
Swazi area means Swazi
Nation land;
trophy means any animal
or bird, dead or alive, mentioned in the Second and Third Schedules or
any part of any such animal or bird, but shall not include the processed
product or manufactured curio or other article manufactured to finished
form, or the tanned or brayed skin or part thereof; (Amended K.O-I-C. 12/1993.)
traffic means dealing
in, selling, buying, moving, conveying, possessing or otherwise acquiring
or disposing of.
(Replaced A.4/1991.)
Amendment
of Schedules
3. The Minister may amend
the Schedules by notice in the Gazette.
Temporaty
protection of game
4. The Minister may from time
to time by Notice in the Gazette define areas in Swaziland within which
any common game specified in such Notice shall be protected for such period
as may be specified in such Notice, and may in like manner vary to revoke
such Notice. (Replaced A.4/1991.)
5. (Repealed A.4/1991.)
Sanctuaries
6. (1) The Minister may by
Notice in the Gazette declare any specified area of Swaziland to be a sanctuary
for the protection of any animals or birds specified in such Notice, whether
or not such animals or birds are included in the First, Second or Third
Schedule to this Act and may in like manner vary the animals or birds to
which the protection of the sanctuary shall apply, or extend or restrict
the limits of or abolish any such sanctuary:
Provided that where the Minister
does not specify in such Notice the animals or birds to which the protection
of the sanctuary shall apply, the sanctuary so declared shall be deemed
to have been declared for the protection of all indigenous animals and
birds within the sanctuary.
(2) Any person who in any sanctuary
hunts or attempts to hunt any animal or bird protected within the sanctuary,
or takes any trophy of any such animal or bird, or who is found within
a sanctuary under circumstances which show he is there for the purpose
of hunting or taking trophy of any such animal or bird therein shall be
guilty of an offence:
Provided that nothing
in this subsection shall apply to a game ranger acting in the execution
of his duties or to the holder of a special permit granted by the Minister
under subsection (1) of section 16 of this Act.
(3) No person shall camp within
the limits of a sanctuary unless he has first obtained a permit issued
by a game ranger stating the period for which he may camp.
(4) Any person who contravenes
the provisions of subsection(3) shall be guilty of an offence.
(5) It is an offence for any
person, other than a police officer acting in the course of-his official
duty or a game ranger acting in the course of his official duty, to carry
any firearm in a sanctuary except under the supervision of the game ranger
in charge of the sanctuary.
(Replaced A.4/1991.)
Close
season
7. (1) The period from the
first day of September to the last day of April in the next succeeding
year, both days included, shall be a close season within which it shall
be unlawful to hunt game save as hereinafter provided.
(2) The Minister may by notice
in the Gazette vary, extend or reduce the period of the close season, either
in respect of any one or more areas, or in respect of any specified game,
or in both respects, for such time as he may think fit.
Prohibition
of hunting and dealing in specially protected and royal game
8. (1) No person shall hunt
or attempt to hunt, or be in possession of a trophy of, any specially protected
game unless he holds valid permit issued under subsection (1) of sec-tion
16, and otherwise than in accordance with the conditions set out in such
permit.
(2) Any person who contravenes
subsection (1) shall be guilty of an offence and shall be liable on conviction
to imprisonment for a term of not less than five years but not exceeding
fifteen years, without the option of a fine.
(3) Subject to the provisions
of section 16, any person who trades or trafficks in the raw product of
any specially protected game shall be guilty of an offence and liable on
conviction to imprisonment for a period of not less than seven years but
not exceeding fifteen years without the option of a fine.
(4) No person shall hunt or
attempt to hunt, or be in possession of a trophy of any royal game unless
he is in possession of a valid permit issued under subsection (1) of sec-tion
16, and otherwise than in accordance with the conditions set out in such
permit.
(5) Any person who contravenes
the provisions of subsection (4) shall be guilty of an offence and liable
on conviction to a fine of not less than four thousand Emalangeni but not
exceeding thirty thousand Emalangeni or, in default of payment, to imprisonment
for a term of not less than one year but not exceeding five years, or to
both fine and imprisonment:
Provided that in all cases
any fine imposed shall not be less than the replacement value specified
in the First, Second or Third Schedule in relation to the animal or bird
in respect of which the offence is committed.
(Amended K.O.C. 12/1993.)
(6) Any person found guilty
of an offence under subsection (1), (3) or (4) shall be required by the
Court in addition to any penalty imposed under that subsection to either
replace that game or to compensate fully for the replacement value specified
in the First, Second or Third Schedule in relation to that game, failing
which such person shall be liable to a further period of imprisonment of
not less than two years but not exceeding six years. (Amended K.O.C. 12/1993.)
(7) Any such replacement or
compensation shall be made to the owner of the game or, if ownership of
the game cannot be established, to the owner of the property where the
game was hunted, and where the owner of such game or property cannot be
determined, such replacement or compensation shall be made to the Government.
(Replaced 4/1991.)
Licences
to hunt game during open season
9. (1) Subject to section
15, the Minister may issue a licence to any person to hunt common game
during the open season provided that:
(a) the written permission
of the landowner on whose property the game is to be hunted is produced
to the Minister when the application is made for the licence;
(b) the licence clearly
specifies the species and number of animals to be hunted;
(c) the licence shall
be carried by the licensee when hunting and every animal shot shall be
recorded on the reverse thereof immediately the animal is recovered.
(2) The Minister may from time
to time by Notice in the Gazette fix the fees to be paid for licences to
hunt common game during the open season.
(Replaced 4/1991.)
Conditions
may be endorsed on licences
10. The Minister may endorse
a licence or permit issued under this Act so as to prohibit the hunting
of any specified species of game, or to limit the number of any such species
which may be hunted, or may endorse any other condition thereon which he
deems expedient.
Cancellation of licences.
11. The Minister may cancel
any licence or permit issued under this Act without assigning any reason
for so doing, and the holder thereof shall not be entitled to any compensation
for loss incurred by reason of such cancellation.
Illegal hunting of game or
possession of trophy, aiding and abetting, confiscation and dis-posal of
arms, ammunition, etc..
12. (1) Except as otherwise
provided in this section any person who without valid licence or permit
issued under this Act or contrary to the provisions of any Notice issued
by the Minister under section 4 hunts or attempts to hunt any game or is
in possession of a trophy of any game shall be guilty of an offence.
(2) Any person who uses or
issues forged or fictitious permit or licence or without lawful authority
uses or issues any permit or licence for the purpose of enabling him or
another person to traffick illegally in:
(a) specially protected
game or any raw product thereof shall be guilty of an offence and liable
on conviction to imprisonment for a term of not less than three years but
not exceeding eight years without the option of a fine; or
(b) any trophy of any
game shall be guilty of an offence and liable on conviction to a fine of
not less than two thousand Emalangeni but not exceeding four thousand Emalangeni
or to imprisonment of not less than one year but not exceeding four years
or in default of payment, to both. (Amended K.O.C. 12/1993.)
(3) Any person who in any way
aids, abets or solicits any person to contravene any of the provisions
of this act shall be guilty of the same offence as the offender and liable
to the same punishment to which the offender convicted of such offence
is liable.
(4) Any person convicted of
an offence under any section of this Act shall forfeit to the Government
by order of the Court any firearm, ammunition, weapon, animal, vehicle,
vessel or aircraft which was in his possession at the time of the commission
of the offence and any such firearm, ammunition, weapon, animal, vehicle,
vessel or aircraft shall be disposed of by public auction by order of the
court after proper advertisement, whether or not the convicted person is
the owner of such firearm, ammunition, weapon, animal, vehicle, vessel
or aircraft, unless such firearm, ammunition weapon, animal, vehicle, vessel
or aircraft is proved by its owner to have been stolen and that the theft
has been reported to and duly recorded by the police.
(5) No firearm, ammunition,
weapon, animal, vehicle, vessel or aircraft seized by a game ranger or
any person acting under his direct authority, or by a police officer, in
respect of any alleged contravention of this Act, shall be released by
the court unless the accused is acquitted.
(Replaced 4/1991.)
Hunting
by aircraft or motor vehicle or with fire, etc.
13. (1) No person shall use
a motor vehicle or aircraft to hunt, drive or stampede game for any purpose,
and no person shall shoot at game from a motor vehicle or aircraft:
Provided that nothing in this
Act shall be deemed to prohibit the —
(a) use of a motor vehicle
or aircraft for the purpose of approaching game areas for locating game;
or
(b) driving of any game
from any private land by the owner thereof or a person authorised by him;
or
(c) driving of game
from a Government or licensed aerodrome.
(2) No person shall use fire
for the purpose of hunting, killing or capturing any game.
(3) Any person present at the
hunting, killing or capturing of game at a grass or bush fire shall for
the purposes of subsection (2) be deemed to have taken part in such hunting,
killing or capturing unless he can adduce proof to the contrary.
(4) No person shall without
the written permission of the Minister use lights or flares for the purpose
of hunting game.
(Amended A.4/1991.)
Use of
nets, etc., prohibited
14. Any person who captures
or destroys game by means of nets, pits, enclosures, springs, gins, traps,
snares, setgun, missiles containing explosives, poison or poisoned weapons,
or who has in his possession or sets or uses any such net, pit, enclosure,
spring, gin, trap, snare, setguns, missile containing explosives, poison
or poisoned weapons for the purpose of capturing or destroying game, shall
be guilty of an offence.
Privileges
and rights of landowners, etc.
15. Notwithstanding anything
to the contrary in this Act, any person who is:
(a) the owner, lessee,
or manager of any land in Swaziland; or
(b) lawfully resident
on a land in a Swazi area,
may at any time, except during
the closed season mentioned in section 7 of this Act, hunt any common game,
other than common game protected under section 4, on such land without
obtaining a licence for that purpose.
(Amended P.13/1964; Replaced
A.4/1991.)
Free
permits
16. (1) The Minister or an
officer authorised in that behalf by him may issue without charge a permit
authorising the holder thereof:
(a) to hunt, kill or
capture any game as specified in species and number on the permit, and
on such conditions and for such period as the Minister may deem fit, if
the permission in writing of the owner of the land in respect of which
the permit is to be issued has been obtained;
(b) to import or to
export any trophy if it is shown that such trophy has been legally acquired.
(2) The Minister or an officer
authorised in that behalf by him may issue without charge a permit to any
person to possess a trophy of specially protected game or raw product thereof;
provided that the source of such trophy or raw product, if in Swaziland,
is authorised in writing by the person on whose land it is taken; provided
further that if the source of such trophy or raw product is not in Swaziland,
its possession is proved to have been legally acquired.
(Replaced A.4/1991.)
17. (Repealed A.4/1991.)
18. (Repealed A.4/1991.)
Export
and import of game trophies, etc.
19. (1) Any person who exports
from Swaziland or imports into Swaziland any trophy or raw product of any
specially protected game without a valid permit issued by the Minister
under subsection (2) of section 16, or contrary to the conditions of such
permit, shall be guilty of an offence and liable on conviction to imprisonment
for a term of not less than five years but not exceeding fifteen years,
without the option of a fine.
(2) Any person who exports
from Swaziland or imports into Swaziland any trophy of any royal game without
a valid permit issued by the Minister under subsection (2) of section 16,
or contrary to the conditions of any such permit, shall be guilty of an
offence and liable on conviction to a fine of not less than five thousand
Emalangeni but not exceeding twenty thousand Emalangeni, or in default
of payment, to a term of imprisonment of not less than three years but
not exceeding eight years both.
(3) Any person who exports
from Swaziland or imports into Swaziland any trophy of any common game,
or any trophy of any other indigenous animal or bird, without a valid permit
issued by the Minister under subsection (2) of section 16 or contrary to
the conditions of any such permit, shall be guilty of an offence and liable
on conviction to a fine of not less than two thousand Emalangeni but not
exceeding twenty thousand Emalangeni, or in default of payment, to a term
of imprisonment of not less than two years but not exceeding five years
or both.
(Replaced A.4/1991; Amended
K.O.C. 12/1993.)
Taking,
etc., of eggs of birds and young of game
20. (1) No person shall remove,
disturb or destroy the nest of any bird unless such nest be upon cultivated
land or land which is being prepared for cultivation.
(2) No person shall remove,
disturb or destroy any eggs or the young of any game unless he shall have
first secured permission in writing of a Minister.
(3) (Repealed A.4/1991.)
(4) The Minister shall not
grant the permission referred to in the subsection (3) unless he is satisfied
that such eggs or young of game are required for the purpose of rearing
or breeding or scientific investigations.
(5) No person shall purchase
the eggs or the young of any game from any person who is not in possession
of written permission required by subsection (3).
(6) Any person who contravenes
subsection (1), (2), (3) or (5) shall be guilty of an offence.
(Amended A.4/1991.)
Prohibition
of trespass in pursuit of game
21. (1) No person shall be
upon any land at any time in pursuit of or in search of game, whether or
not he is the holder of a licence issued under this Act, unless he has
the permission in writing of the owner of such land.
(2) Any person who contravenes
subsection (1) shall be guilty of an offence.
(3) Any dog found upon land
within a sanctuary may be destroyed forthwith by, or on the order of, the
owner or occupier of such land and he shall not be liable to pay any compensation
in respect of such destruction.
(Replaced A.4/1991.)
Right
of search
22. Any game ranger or a police
officer who on reasonable grounds believes that there is in any house,
tent, vehicle, vessel, receptable or place —
(a) anything with respect
to which an offence against this Act has been, or is suspected to have
been, committed;
(b) anything that will
afford evidence as to the commission of any such offence; or
(c) anything that is
intended to be used for the purpose of committing any such offence,
and that the delay in obtaining
a search warrant would defeat the object of the search, may himself search
without a warrant for any such thing mentioned in (a), (b) or (c), and
seize such thing, if found, and take them before the Court to be dealt
with according to law.
(Original s.22 repealed P.13/1964;
Replaced A.4/1991.)
Appointment
and powers of game rangers
23. (1) The Minister after
consultation with the Swaziland National Trust Commission may from time
to time appoint game rangers for good and sufficient reason may remove
or dismiss any such game ranger.
(2) Any game ranger or person
acting on tue instructions of a game ranger shall have the powers and the
right:
(a) to carry and use
firearms in the execution of his official duty provided such firearms are
properly licensed;
(b) to use firearms
in self defence or if he has reason to believe that his life, or the life
of any of his colleagues, is threatened or is in danger;
(c) to arrest without
a warrant any person suspected upon reasonable grounds of having contravened
any of the provisions of this Act or regulations made thereunder;
(d) to use reasonable
force necessary to effect the arrest of or to overpower any person who
resists arrest and who is suspected on reasonable grounds of having contravened
any of the provisions of this Act;
(e) to carry out searches
without a warrant under section 22 of this Act,.
(3) A game ranger or person
acting on the instructions of a game ranger shall not be liable to prosecution
in respect of any act or omission done in the exercise of his powers of
rights under subsection (2) of this section.
(Replaced A.4/1991.)
Evidence
24. (1) Any trophy seized
from any person charged with an offence under this Act or any regulations
made thereunder shall be prima facie evidence against such person that
he has hunted such game.
(2) Any person charged with
doing an act for which by this Act a licence or permission is required
shall be deemed to be without such licence or permission unless he produces
it to the Court or gives other satisfactory proof of possessing it.
(3) For the purposes of section
21, any person found at any time on land having in his possession a firearm,
trap, snare or other apparatus capable of being used to hunt game shall
be presumed to be upon the land in pursuit of or in search of game unless
the contrary is proved.
(4) Where a trophy is required
to be produced as an exhibit in any evidence before a court it shall not
be necessary to produce any more than a piece of skin, trotter, head or
fur or other distinctive part of the animal sufficient to identify such
animal and to determine the number of such animal to be produced before
the court. (Added A.4/1991.)
Power to make regulations
25. Subject to the provisions
of section 15, the Minister may make regulations, not inconsistent with
this Act, in regard to the following matters:
(a) the protection and
preservation of game in any defined areas;
(b) the powers and duties
of persons appointed by the Minister in regard to:
(i) the exclusion of
members of the public from certain areas within a sanctuary;
(ii) the killing, capturing
or impounding of any animal within a sanctuary;
(iii) the burning of
grass and the cutting of trees, weeds or grass within a sanctuary;
(iv) the disposal of
any animal, vegetable or mineral or other product of a sanctuary;
(c) the conditions subject
to which permission to enter or reside in a sanctuary may be granted, and
the periods or times during which a sanctuary or any portion thereof shall
be open to the public;
(d) the conditions under
which permits for the carrying of firearms in a sanctuary may be issued;
(e) the fees, if any,
to be paid for permission to enter a sanctuary, for the admission of motor-cars
of other vehicles and the taking of photographs within a sanctuary, or
for any other purpose connected with the use and enjoyment of a sanctuary;
(f) the protection and
preservation of a sanctuary and of the animals, birds or property therein;
(g) the regulation of
traffic and carriage of passengers in a sanctuary, the points by which
persons may enter and the routes by which they may pass through a sanctuary;
(h) for the efficient
control and management of a sanctuary;
(i) generally for carrying
out the provisions of this Act; and
(j) for the imposition
of penalties not exceeding the penalties set out in section 27(2) for a
contravention of any such regulation.
(Amended A.4/1991.)
Penalties
26. (1) Any person who contravenes
the provisions of section 6(2) or (5), 7(1), 12(1), 13, 14 or 20(1), (2)
or (3) shall on conviction be liable to a fine of not less than six hundred
emalangeni but not exceeding two thousand emalangeni or, in default of
payment to imprisonment for a term of not less than six months but not
exceeding two years or to both. (Replaced K.O.C. 12/1993.)
(2) Any person who contravenes
the provisions of section 6 (4) or 21(1) shall on conviction be liable
to a fine of not less than two hundred emalangeni but not exceeding five
hundred emalangeni or, in default of payment, to imprisonment for a term
of not less than one month but not exceeding one year or to both. (Replaced
K.O.C. 12/1993.)
(3) In addition to any penalties
imposed under subsection (1), any person who contravenes the provisions
of section 6(2) or 12(1), shall be required by the Court to either replace
the game in respect of which the offence is committed or to compensate
fully for the replacement value specified in relation to such game in the
First, Second or Third Schedule, failing which such person shall be liable
to a further term of imprisonment of not less than one year but not exceeding
three years. (Replaced K.O.C. 12/1993.)
(4) Any such replacement or
compensation shall be made to the owner of the game or, if ownership of
the game cannot be established, to the owner of the property where the
game was hunted, and where the owner of such game or property cannot be
determined, such replacement or compensation shall be made to the Government.
(Replaced A.4/1991.)
Previous
convictions
27. (1) Before passing sentence
on any person convicted under this Act the court shall call upon the prosecutor
for a record of previous convictions of that person, if any.
(2) Any person who has previously
been convicted of an offence under this Act, other than an offence under
sections 6(3) and 21(1) shall, upon a second or subsequent conviction,
be sentenced to the maximum penalty prescribed in relation to the offence
for which he is charged.
(3) Any person including an
official who wilfully interferes with the investigation of any case or
who in any way obstructs or frustrates the criminal prosecution of any
case or who withholds, suppresses or destroys or causes to be withheld,
suppressed or destroyed any evidence including records in connection with
such case or in any way attempts to defeat the end of justice shall be
guilty of an offence and liable on conviction to imprisonment for a term
of not less than twelve months and not more than twenty four months without
the option of a fine.
(Added A.4/1991.)
Suspended
sentences prohibited
28. No sentence or part of
any sentence imposed under any of the provisions of this Act in respect
of any offence shall be suspended.
(Added A.4/1991; Amended K.O-I-C.
12/1993.).
Reward
for informants
29. Any person who gives any
information which leads to the arrest and conviction of another person
for an offence under this Act shall receive such reward as may be determined
by the Minister.
(Added A.4/1991.)
The
Minister to appoint Advisory Committee
30. The Minister may appoint
a committee consisting of such members as he may determine to monitor the
administration and enforcement fo this Act and to advise him from time
to time.
(Added A.4/1991.)
Application
of Act
31. Notwithstanding the provisions
of section 43bis of the Swaziland National Trust Commission Act, No. 9
of 1972, the provisions of this Act shall apply within the boundaries of
any park, reserve, monument or relic proclaimed under the National Trust
Commission Act, No. 9 of 1972 in relation to any game of the class referred
to in this Act.
(Added A.4/1991.)
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