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CHAPTER XII
LAND, MINERALS, WATER AND ENVIRONMENT
Declaration of land, minerals and water as national resource
210.
(1)
Subject to the provisions of this Constitution or any other law, land, minerals and
water are national resources.
(2)
In the interests of the present and future generations, the State shall protect and
make rational use of its land, mineral and water resources as well as its fauna and flora, and
shall take appropriate measures to conserve and improve the environment.
Land
211.
(1)
From the date of commencement of this Constitution, all land (including any existing
concessions) in Swaziland, save privately held title-deed land, shall continue to vest in
iNgwenyama in trust for the Swazi Nation as it vested on the 12th April, 1973.
(2)
Save as may be required by the exigencies of any particular situation, a citizen of
Swaziland, without regard to gender, shall have equal access to land for normal domestic
purposes.
(3)
A person shall not be deprived of land without due process of law and where a
person is deprived, that person shall be entitled to prompt and adequate compensation for
any improvement on that land or loss consequent upon that deprivation unless otherwise
provided by law.
(4)
Subject to subsection (5), all agreements the effect of which is to vest ownership in
land in Swaziland in a non-citizen or a company the majority of whose share-holders are not
citizens shall be of no force and effect unless that agreement was made prior to the
commencement of this Constitution.
(5)
A provision of this chapter may not be used to undermine or frustrate an existing or
new legitimate business undertaking of which land is a significant factor or base.
Land Management Board
212.
(1)
There shall be established a Land Management Board (hereafter in this section
referred as the “Board”), shall consist of a chairman and not more than four members
appointed by iNgwenyama.
(2)
The members of the Board shall be appointed for a period of not more than five years
and shall be eligible for re-appointment.
(3)
The allowances payable to the members of the Board shall be charged on the
Consolidated Fund.
(4)
The Board is responsible for the overall management, and for the regulation of any
right or interest in land whether urban or rural or vesting in iNgwenyama in trust for the Swazi
nation.
(5)
In performing its functions the Board shall be accountable to iNgwenyama.
(6)
Subject to the provisions of this section, the Board may regulate its own procedure.
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