Swaziland -- The Game Act of 1953 and the amendments of 1991 (two acts)

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The Game Act

(This was amended in 1991 - see The Game (amendment) Act, 1991 – included below)

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.
1. This Act may be cited as the Game Act.
Interpretation.
2. In this Act, unless the context otherwise requires
"bird" means any bird mentioned in the First and Third Schedules other than a domesticated bird;
"game" includes royal game, large game and small game and the carcass, sinks, bones or horns of any head of game;
"game head" includes the heads, tusks, skulls or horns of any game mentioned in the First and Second Schedules;
"hunt" includes shooting at, pursuing, taking, killing or wilfully disturbing game, and the taking or destruction of the eggs of birds;
"large game" means any animal or bird, which is named in the Second Schedule other than a domestic animal or bird;
"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 for Agriculture;
"royal game" means any animal or bird, which is named in the First Schedule other than a domesticated animal or bird;
"small game" means any animal or bird, which is named in the Third Schedule other than a domesticated animal or bird;
"Swazi area" means -
(i) areas set apart under the Concessions Partition Act No. 28 of 1907 for the sole and exclusive use and occupation of Africans;
(ii0 land registered in the name of the Ngwenyama and held in trust for the Swazi Nation;
"trophy" includes any animal, dead or alive, mentioned in the First, Second and Third Schedules or anything which is a part of or produced from any such animal when dead, or the eggs or meat of any bird so mentioned;
"wild skin" means the skin or a portion of the skin of any animal or bird other than a domesticated animal or bird.
Amendment of Schedules.
3. The Minister may amend the Schedules by notice in the Gazette.
Temporary protection of game.
4. The Minister may by notice in the Gazette define areas within which any large game or small game specified in such notice shall be protected for such period as may be prescribed therein.
Game reserves.
5. (1) The Minister may by notice in the Gazette declare any specified area to be a game reserve and may in like manner extend or restrict the limits of or abolish such game reserve.
(2) A person who hunts game in a game reserve, whether or not the game is included in the First, Second or Third Schedules or who is found within a game reserve under circumstances which show he is there for the purpose of hunting any game therein shall be guilty of an offence:
Provided that this sub-section shall not apply to the holder of a special permut under section 16(2).
(3) A person travelling through a game reserve shall not camp within its limits unless he has first obtained the written permission of a game ranger or of a District Commissioner authorised thereto by the Minister, which permission shall state the period for which he may camp.
(4) Any person who contravenes the provisions of sub-section (3) shall be guilty of an offence.
(5) It shall be an offence for any person other than a police officer or a game ranger in the course of duty to carry a firearm in a game reserve withouth the written permission of a District Commissioner who has been authorised by the Minister to grant such permission.
Sanctuaries.
6. (1) The Minister may by notice in the Gazette declare any specified area to be a sanctuary for the protection of any game or class of game specified in the notice, whether or not such game is included in the First, Second or Third Schedules; and may in like manner vary the animals or birds or the classes of animals or birds to which the protection of the sanctuary shall apply.
(2) Any person who in a sanctuary hunts an animal or bird or any class of animal or bird to which the protection of the sanctuary has been applied, or who takes any trophy of such animal or bird or class of animal or bird, shall be guilty of an offence:
Provided that this sub-section shall not apply to the holder of a special permit under section 16(2).
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 royal game.
8 (1) No person shall at any time hunt royal game unless he is in posession of a valid permit issued under the provisions of section 16 or otherwise than according to the conditions set out in such permit.
(2) A person who contravenes this section shall be guilty of an offence and liable on conviction to a fine not exeeding four hundred rand or, in default of payment thereon, to imprisionment for a period not exceeding eighteen months.
Licences to hunt game during open season.
9 (1) The Minister may by notice in the Gazette fix the fees to be paid for licences to hunt small game or large game during the open season.
(2) The Minister may in his discretion issue such licences, subjectto the prepayment of the prescribed fees and to such conditions as he deems fit.
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.
Offences, Confiscation of arms and ammunition etc.
12. (1) Any person who, save as herein provided, hunts any game, or is in possession of a trophy without being the holder of a valid licence or permit under this Act, or contrary to the conditions of such licence or permit, or during the close season, or contrary to the provisions of any notice issued by the Minister under section 4 shall be guilty of an offence.
(2) If there are reasonable grounds for believing that a person found within Swaziland in possession of -
(a) the meat of any game; or
(b) any skin or portion of the skin of any game in raw or undressed or unmanufactured condition; or
(c) the horns or portions of the horns of any recently killed game,
has obtained possession of such parts unlawfully, it shall be competent for any police officer of the rank of sub-inspector or upwards to apprehend such person without warrant and to convey him in custody before a magistrate or any other official having jurisdiction, and if such person is unable to give a satisfactory explanation of such possession he shall be deemed to have hunted game in contravention of this section unless he proves the contrary.
(3) Any person who exceptwith the written permission of the Minister hunts game during the period between half an hour after sunset and half an hour before sunrise shall be guilty of an offence.
(4) In the case of a conviction of any person of an offence under this section the court may, in addition to any penalty imposed, order the confiscation and forfeiture to the Government of any firearms, ammunition, animal, vehicles or aeroplane, which were in the possession of the accused at the time of the commission of the offence of which he has been convicted and the Minister shall authorise the disposal as he may think fit of property so ordered to be confiscated.
Hunting by aeroplane or motor vehicle or with fire, etc.
13 (1) No person shall use a motor vehicle or aeroplane to hunt, drive or stampede game for any purpose, and no person shall shoot at game from a motor vehicle or aeroplane:
Provided that nothing in this Act shall be deemed to prohibit the -
(a) use of a motor vehicle or aeroplane 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 licenced 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 purposes of hunting game.
Use of nets, etc., prohibited
14. Any person who captures or destroys game by means of nets, pits, enclosures, springes, 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, springe, 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 of landowners, etc..
15. (1) Notwithstanding anything contained in section 12, any person who is the owner, lessee or manager of any land, or lawfully resident in a Swazi area, may, at any time, except in the close season referred to in section 7, hunt any small game, other than that protected under section 4, on such land without obtaining a licence for the purpose.
(2) In this section "person" shall be deemed to include his children, and the spouse with whom he is living. (Amended P.13/1964.)
Free Permits
16 (1) The Minister may without charge, issue a permit, authorising theholder thereof to hunt any large or small game -
(a) to any person on such conditions and for such period or periods as the Minister may deem fit;
Provided that the occupier of that farm shall not be entitled to hunt such game without the permission in writing of the owner of the farm.
(2) The Minister may subject to such conditions as he thinks fit, grant to any person a special permit to hunt, kill or capture game at any time for the following purposes:
(a) for scientific or administrative or complimentary reasons to hunt, kill or capture any game;
(b) to hunt, kill or capture any animal or bird in a game reserve or sanctuary -
(i) for scientific or administrative reasons; or
(ii) when the presence of that animal or bird is detrimental to the purposes of the game reserve or sanctuary;
(c) to hunt, kill or capture any species of game on any land where he is satisfied that such game is causing damage to property or losses in farming activities;
Provided that the owner or occupier of any land may without such permit kill any small game which is causing damage to crops and is within any cultivated land of such owner or occupier.
(3) A permit granted under subsection (2) shall specify the maximum number of each species of game allowed to be destroyed under the permit, and the manner in which destruction shall be permitted.
Sale, etc., or export of game meat.
17. (1) No person shall sell, barther, or offer or expose for sale or barter or export from Swaziland any game meat, whether fresh or dried, without beingin possession of a licence authorising to do so.
(2) Such licence shall only be issued with the approval of the District Commissioner, who may do so on such conditions as he deems expedient.
(3) There shall be payable in respect of such licence in the case of the -
(a) sale of meat, whether fresh or dried, the sum of twenty-five cents per month or part of a month, but such fee shall be payable in addition to any other licence fee provided for in the Trading Licences Act No. 27 of 1939;
(b) export of fresh meat in excess of eighty pounds weight in any month, the sum of ten cents per pound weight;
Provided that the Minister may exempt any person to whom a permit has been issued under section 16(2)(c) from the payment of any fee or fix a lesser fee to be paid by him.
(c) export of dried meat in excess of twenty pounds weight in any month the sum of twenty-five cents per pound weight;
Provided that the Minister may exempt any person to whom a permit has been issued under section 16(2)(c) from the payment of any fee or fix a lesser fee to be paid by him.
(4) The issue or renewal of a licence under this section may be refused by the Minister without any reason for such refusal being given.
Penalty for unlawful sale or export of game meat.
18. A person who in contravention of section 17 or of any condition endorsed on his licence under that section, sells or barters or offers, exposes for sale or barter, or exports from Swaziland any game shall be guilty of an offence liable on conviction to a fine not exceeding two hundred rand or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.
Export of wild skins, etc.
19. (1) No person shall export or attempt to export from Swaziland any hippopotamus tusks or teeth, wild skins or game heads without the special written permission of the Principal Veterinary Officer.
(2) A person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred rand or to imprisonment for a period not exceeding six months and the court convicting him may order the confiscation of any hippopotamus tusks or teeth, wild skins or game head dealt with in contravention of subsection (1).
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 District Commissioner.
(3) No person shall sell any eggs or the young of any game unless he shall have first secured permission in writing from a District Commissioner.
(4) The District Commissioner 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.
Prohibition of trespass in pursuit of game.
21. (1) No person whether he is the holder of a licence under this Act or not shall be upon any land in pursuit of or in search of game unless he is the occupier thereof or has the written permission of the occupier, or if the land be unoccupied of the owner or, if the shooting rights have been leased to some person other than the occupier, the lessee of such rights.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a penalty not exceeding one hundred rand or to imprisonment not exceeding six months in the case of enclosed land or fifty rand or imprisonment not exceeding three months in the case of unenclosed land, or to both such fine and imprisonment.
(3) If any person be found on land in pursuit of or in search of game he may be required by the occupier of such land, or by any servant or other person authorised by such occupier, or if such land be Government land by a District Commissioner, Justice of Peace or a police officer to state his true name and place of abode and forthwith to quit such land and if he fails to comply immediately with any such requirement he shall be guilty of an offence.
(4) Any dog unaccompanied by its owner or other person having control over such dog which is found in pursuit of game upon any land may be destroyed forthwith by or on the order of the owner or occupier of such land who shall not be liable to pay any compensation in respect of such destruction.
(Original section 22 repealed P.13/1964.)
Right of search.
22. (1) Any Justice of the Peace, or police officer of the rank of sub-inspector or above, or any other police officer authorised thereto specifically or generally in writing by a police officer of therank of senior inspector or above, who has reason to believe on reasonable grounds that there is in any house, tent, vehicle, vessel, receptable or place anything -
(a) with respect to which an offence against this Act has been or is suspected on reasonable grounds to have been committed;
(b) which there are reasonable grounds for believing that will afford evicence as to the commission of any such offence; or
(c) which there are reasonable grounds for believing 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 warrant for any such ting mentioned in paragraphs (a), (b) and (c) and seize such thing, if found, and take it before the magistrate of the district in which the search took place to be dealt with according to law.
(2) The fact of such search and the result thereof, shall be reported forthwith to the magistrate.
3. In the case of any house or tent which is in actual occupation as a place of residence any such search shall only be carried out during the hours of daylight.
Appointment and powers of game rangers.
23. (1) The Minister may appoint game rangers and may remove or dismiss any such game ranger.
(2) Every game ranger shall have power, within a game reserve or sanctuary or outside a game reserve or sanctuary within a distance of one mile from the boundary thereof -
(a) to arrest without a warrant any person suspected upon reasonable grounds of having contravened this Act;
(b) to carry out searches without a warrant in terms of section 22.
Evidence.
24. (1) The possession of the carcass, meat, skin, hide, horn or tusk of freshly killed game shall be prima facie evidence against a person accused of contravening this Act 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 cabable 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.
Power to make regulations.
25. The Minister may make regulations, not inconsitent 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 game reserve or sanctuary;
(ii) the killing, capturing or impounding of any animal within a game reserve or sanctuary and the disposal of such animal;
(iii) the burning of grass and the cutting of trees, weeds or grass within a game reserve or sanctuary;
(iv) the disposal of any animal, vegetable or mineral or other product of a game reserve or sanctuary;
(c) the conditions subject to which permission to enter or reside in a game reserve or sanctuary may be granted, and the periods or times during which a game reserve or sanctuary or any portion thereof shall be open to the public;
(d) the conditions under which permits for the carrying of firearms in a game reserve or sanctuary may be issued;
(e) the fees, if any, to be paid for permission to enter a game reserve or sanctuary, for the admission of motor-cars or other vehicles and the taking of photographs within a game reserve or sanctuary, or for any other purpose connected with the use and enjoyment of a game reserve or sanctuary;
(f) the protection and preservation of a game reserve or sanctuary and of the animals, birds or property therein;
(g) the regulation of traffic and carriage of passengers in a game reserve or sanctuary, the points by which persons may enter and the routes by which they may pass through a game reserve or sanctuary;
(h) for the efficient control and management of a game reserve or 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.
Penalties.
26. (1) A person who contravenes the provisions of section 5(2), 6(2), 7(1), 12(1), 13(2), or 14, shall on conviction therefor be liable to a fine not exceeding three hundred rand and in default of payment thereof to imprisonment for a period not exceeding twelve months.
(2) A person who contravenes the provisions of section 5(3) or (4), 12(3), 13(1) or (3), 20(1), (2) or (3) or 21(2) shall on conviction therefor be liable to a fine not exceeding one hundred and fifty rand or in default of payment thereof to imprisonment for a period not exceeding six months.
FIRST SCHEDULE
ROYAL GAME
ANIMALS
English Name Antbear Buffalo Duiker (Blue) or Piti Elephant Giraffe Hippopotamus Klipspringer Livongstone Antelope Nyala Antelope Oribi Rhinoceros Roan Antelope Sable Antelope Tsessebe Vaal Rhebuck Waterbuck Warthog Scientific Name Crycteropus afer afer Syncerus caffer Guevei caerula Loxodonta africana Giraffa camelopardalis Hippopotamus amphibius Oreotragus oreotragus Nesotragus Livingstoniaus Nyala angasii Ourebia ourebi Diceros bicornis Ozanna equina Ozanna grandicornis Damaliscus lunatus Pelea capreolus Kobus elipsiprymnus Phacocherus aethiopicus
BIRDS
English Name Bateleur Bee-eaters - all species Bustards and Korhaans - all species Coursers - all species Cuckoos and Coucals - all species Cranes - all species Crested Guineafowl Dikkops - all species Dwarf Goose Flamingo - all species Grouse - all species Hammerhead Herons and Egrets - all species Hornbills - all species Hoepoes - all species Honeyguides - all species Ibis - all species Jacana - all species Kingfisher - all species Louries - all species Orioles - all species Owls - all species Plovers - all species Rollers (Bluejays) - all species Secretary Bird Storks - all species Snipe - all species Sunbirds - all species Swallows - all species Swifts - all species Vultures - all species Woodpeckers - all species Wagtails and Longclaws - all species Scientific Name Terathopius ecaudatus. Family Meriopidae. Family Otidae. Family Gareolidae. Family Cuculidae. Family Gruidae. Guttera Lividicollis. Family Burhinidae. Nettapus auritus. Family Phoenicopteridae. Family Pteroclidae. Scopus umbretta bannermani. Family Ardeidae. Family Bucerotidae. Family Upupidae. Families Prodotiscidae and Indicatoridae. Family Threskiornithidae. Family Jacanidae. Family Alcedinidae. Family Musophagidae. Family Oriolidae. Families Tytonidae and Bubonidae. Family Charadriidae. Family Coraciidae. Sagittatus serpentarius. Family Ciconiidae. Family Scolopacidae. Family Nectariniidae. Family Hirundinidae. Family Aegypiidae. Family Picidae. Family Motacillidae.
SECOND SCHEDULE
LARGE GAME
English Name Kudu Wildebeest (blue wildebeest) Zebra Scientific Name Strepsiceros Strepsicerous. Connochaetus taurinus. Equus (Quagga) burchellii.
(Added L.H. 47/1968.)
THIRD SCHEDULE
SMALL GAME
ANIMALS
English Name Bushbuck Duiker (Grey) Duiker (Red) Impala Reedbuck Rooi Rhebuck Steinbuck Scientific Name Tragelaphus scriptus. Sylvicapra Grimmia. Cephalophus natalensis. Aepyceros melampus. Redunca arundinum. Redunca fulvorufula. Raphicerus campestris.
BIRDS
English Name Duck and Geese - all species Green Pigeons - all species Guineafowl (common) Partridges - all species Pheasants - all species Quail - all species Scientific Name Family Anatidae. Family Treronidae. Numida mitrata. Family Phasianidae.
GAME LICENCE FEES
(Under section 9)
Date of Commencement: 12th December, 1953.
The Minister has fixed the following fees to be paid for licences to hunt small game and large game during the open season:
LARGE GAME
In the case of residents - R. c.
For the whole season . . . . . 6 0
In the case of non-residents -
For the whole season . . . . . 12 0
SMALL GAME
In the case of residents - R. c.
For the whole season . . . . . . . . . . . . . . . . . . . . . . . 4 0
For one month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0
For hunting birds only for the whole season . . . 1 0
In the case of non-residents -
For the whole season . . . . . . . . . . . . . . . . . . . . . . . 8 0
For one month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 0
For hunting birds only for the whole season . . . 2 0
For the purposes hereof "resident" means a person who is domiciled in Swaziland.
(G.N. 51/1953)
TEMPORARY PROTECTION OF GAME
(Under section 4)
Date of Commencement: 19th May, 1958.
1. Throughout the whole of Swaziland the following game shall be protected until further notice (G.N. 19/1958) -
Reedbuck
Duiker (Red)
Quail
(Amended G.N. 26 of 1963; L.N. 47/69)
2. Within the Pigg`s Peak, Mbabane and Mankaiana Districts and Hlatikulu District (other than that portion lying south of the Ngwavuma River and east of the eastern boundary of Swazi Area No. 31) and within that portion of the Manzini District lying to the west of Main Roads Nos. 5 and 8, the following game shall be protected until further notice -
Bushbuck
Duiker (grey)
Impala
Rooi Rhebuck
Steinbuck.
(Amended L.N. 40/1970)
VARIATION OF CLOSE SEASON
(Under section 7)
Date of Commencement: 2nd December, 1955.
The Minister has made the following variation of the close season as defined by section 7(1):
Throughout the whole of Swaziland and until further notice the period from the first day of February to the thirty-first day of October inclusive shall be the only close season within which it shall be unlawful to hunt quail, save as otherwise provided in the aforesaid Act. (G.N. 73/1955.)

The Game (amendment) Act, 1991

(to be read in conjunction with the Game Act, 1953 (included above))
(Act No. 4 of 1991)

AN ACT

entitled

An Act to amend the Game Act, 1953 and to provide for matters incidental thereto.
ENACTED by the King and the Parliament of Swaziland.
Short title.
1. This Act may be cited as the Game (Amendment) Act, 1991 and shall be read as one with the Game Act, 1953 referred to in this Act as the "principal Act".
Replacement of section 2.
2. Section 2 of the principal Act is hereby replaced with the following:
"Interpretation.
2. In this Act, unless the context otherwise requires -
"aircraft" means any machine or apparatus which is capable of flying;
"animal" means any vertebrate 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 purposes 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 subsection (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 destruction 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 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;
"traffick" means dealing in, selling, buying, moving, conveying, possessing or otherwise acquiring or disposing of."
Replacement of section 4.
3. Section 4 of the principal Act is hereby replaced with the following:
"Temporary 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."
Replacement of section 6.
4. Section 6 of the principal Act is hereby replaced with the following:
"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."
Replacement of section 8 and 9.
5. Section 8 and 9 of the principal Act are hereby replaced with the following:
"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 section 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 imprisionment 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 section 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 ofence 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:
Provided that in all cases any fine imposed shall not be less than the replacement value of the animals or birds in respect of which the offence is committed.
(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 its replacement value, failing which such person shall be liable to a further period of imprisonment of not less than two years but not exceeding six years.
(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.
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."
Replacement of section 12.
6. Section 12 of the principal Act is hereby replaced with the following:
"Illegal hunting of game or possession of trophy, aiding and abetting, confiscation and disposal 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 orlicence or without lawful authority uses or issues any permit or licence for the purposes 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 imprisionment of not less than one year but not exceeding four years or to both.
(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."
Amendment of section 13.
7. In section 13 of the principal Act replace the word "aeroplane" wherever it occurs with the word "aircraft".
Replacement of sections 15 and 16.
8. Sections 15 and 16 of the principal Act are hereby replaced with the following:
"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 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.
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 Ministry 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."
Replacement of section 19.
9. Section 19 of the principal Act is hereby replaced with the following:
"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 to a term of imprisonment of not less than three years but not exceeding eight years or 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 to a term of imprisonment of not less than two years but not exceeding five years or both."
Amendment of section 20.
10. Section 20 of the principal Act is hereby amended by replacing the words "District Commissioner" wherever they occur with the word "Minister".
Replacement of sections 21, 22 and 23.
11. Sections 21, 22 and 23 of the principal Act are hereby replaced with the following:
"Prohibition of trespass in pursuit of game.
21. (1) No person shall be upon any land at any timein 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.
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, receptacle 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
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 the 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 or rights under subsection (2) of this section."
Amendment of section 24.
12. Section 24 of the principal Act is hereby amended as follows:
(i) by replacing subsection (1) with the following:
"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."
(ii) by inserting after subsection (4) the following new subsection:
"(5) 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."
Amendment of section 25.
13. Section 25 of the principal Act is hereby amended by inserting before the words "the Minister" the words "Subject to the provisions of section 15", and by deleting therefrom the words "game reserve or" wherever they occur.
Replacement of section 26.
14. Section 26 of the principal Act is hereby replaced with the following:
"Penalties.
26. (1) Any person who contravenes the privisions of sections 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 to imprisonment for a period of not less than six months but not exceeding two years.
(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 to imprisonment for a period of not less than one month but not exceeding one year.
(3) In addition to any penalties levied under subsection (1), any person who contravenes the provisions of sections 6(2) or 12(1), shall be required by the Court to either replace that game or to compensate fully for its replacement value, failing which such person shall be liable to a further period of imprisonment of not less than one year but not exceeding three years.
(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."
Insertion of new sections 27, 28, 29, 30 and 31.
15. There is hereby inserted immediately after section 26 of the principal Act the following new sections:
"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 ends 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.
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 by the court.
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.
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 of this Act and to advise him from time to time.
Application of Act.
31. Not withstanding the provisions of section 43bis of the Swaziland National Trust Commission Act, 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, 1972 in relation to any game of the class referred to in this Act."
Replacement of First, Second and Third Schedules.
16. The First, Second and Third Schedules to the principal Act are hereby replaced with the following:
"FIRST SCHEDULE
SPECIALLY PROTECTED GAME
Elephant White rhinoceros Black rhinoceros Lion Loxodonta africana Ceratotherium simum Diceros bicornis
SECOND SCHEDULE
ROYAL GAME
Animals
Hedgehog Thick-tailed bushbaby Samango monkey Pangolin Red rock hare Aardwolf Cheetah Leopard Caracal African wild cat Serval Wild dog Cape fox Side-striped jackal Cape clawless otter Spotted-necked otter Honey badger Striped weasel Zorilla African civet Antbear Hippopotamus Giraffe Black wildebeest Red hartebeest Tsessebe Blue duiker Red duiker Klipspringer Oribi Steenbok Sharpe`s grysbok Suni Grey rhebok Roan antelope Sable Buffalo Kudu Nyala Bushbuck Eland Reedbuck Mountain reedbuck Waterbuck Erinaceus frontalis Galago crassicaudatus Ceropithecus albogularis Manis temminckii Pronolagus crassicaudatus Proteles cristatus Acinonyx jubatus Panthera pardus Felis caracal Felis lybica Felis serval Lycaon pictus Vulpes chama Canis adustis Aonyx capensis Poeciogale albinucha Ictonyx striatus Civettictis civetta Oryoteropus afer Hippopotamus amphibius Girafia camelopardis Connochaetes gnou Alcephalus buselaphus Damaliscus lunatus Cephalophus monticola Cephalophus natalensis Oreotragus oreotragus Ourebia ourebi Raphicerus campestris Raphicerus sharpei Neotragus moschatus Pelea capreolus Hippotragus equinus Hippotragus niger Syncerus caffer Tragelaphus sterpseceros Tragelaphus angasii Tragelaphus scriptus Taurotragus oryx Redunca arundinum Redunca fulvorufula Kobus ellipsiprymnus
Birds
All species of birds other than those Gazetted from time to time by the Minister as common game, and those listed on the Third Schedule.
THIRD SCHEDULE
COMMON GAME
Animals
Scrub hare Rock hyrax Burchell`s zebra Bushpig Warthog Blue wildebeest Blesbok Grey duiker Impala Lepus saxatilis Procavia capensis Equus burchellii Potamochoerus porcus Phacochoerus aethiopicus Connochaetes taurinus Damaliscus dorcas phillipsi Sylvicapra grimmia Aepyceros melampus
Birds
Crowned guineafowl Numida mitrata
Repeals.
16. Sections 5, 17, 18 and 20(3) of the principal Act are hereby repealed.

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