CHAPTER XII. LAND, MINERALS, WATER AND ENVIRONMENT
210. Declaration of land, minerals and water as national resource
Subject to the provisions of this Constitution or any other law, land, minerals and water are national resources.
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.
211. Land
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.
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.
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.
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.
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.
212. Land Management Board
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.
The members of the Board shall be appointed for a period of not more than five years and shall be eligible for re-appointment.
The allowances payable to the members of the Board shall be charged on the Consolidated Fund.
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.
In performing its functions the Board shall be accountable to iNgwenyama.
Subject to the provisions of this section, the Board may regulate its own procedure.
A member of the Board (including the chairman) may be removed from office as far as may be practicable on the same grounds and in like manner as a member of a service commission under section 175.
213. Minerals
All minerals and mineral oils in, under or upon any land in Swaziland shall, after the commencement of this Constitution, continue to vest in iNgwenyama in trust for the Swazi Nation as vested on the 12th April 1973.
214. Minerals Management Board
There is established a Minerals Management Board (hereinafter referred to in this section as the “Board”) which shall consist of the Commissioner of Mines, a mine engineer, an economist, a legal practitioner with at least five years experience and three other persons all of whom shall be appointed by iNgwenyama on the advice of the Minister responsible for minerals.
INgwenyama shall appoint one of the persons referred in subsection (1) as Chairman of the Board.
The members of the Board other, than the Commissioner of Mines, shall be appointed for a period of not more than five years and may be eligible for re- appointment.
The allowances payable to the members of the Board shall be charged on the Consolidated Fund.
The functions of the Board is to advise iNgwenyama on the overall management of minerals and making of grants, leases or other dispositions conferring rights or interests in respect of minerals or mineral oils in Swaziland.
A member of the Board (including the chairman) may be removed from office as far as may be practicable on the same grounds and in like manner as a member of a service commission under section 175 subject to the substitution of the Prime Minister in that section with the minister responsible for natural resources.
Subject to the provisions of this section, the Board shall regulate its own procedure.
215. Water
There shall be no private right of property in any water found naturally in Swaziland.
216. Environment
Every person shall promote the protection of the environment for the present and future generations.
Urbanisation or industrialisation shall be undertaken with due respect for the environment.
The Government shall ensure a holistic and comprehensive approach to environmental preservation and shall put in place an appropriate environmental regulatory framework.
217. Further provisions
Parliament may make laws –
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providing for the management of land and settlement of land disputes and for the regulation of any right or interest in land whether urban or rural and whether privately owned or vesting in the King;
regulating the rights and interests in minerals and mineral oils;
regarding the use of water naturally found in Swaziland; and
for the protection of the environment including management of natural resources on a sustainable basis.
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