eSwatini
Crimes Act, 1889
Act 6 of 1889
- Published in Swaziland Government Gazette
- There are multiple commencements
- [This is the version of this document at 1 December 1998.]
| Provisions | Status |
|---|---|
| Part I (section 1); Part II, Chapter 1 (section 2–13) | commenced on 31 May 1889. |
| Part III (section 24) | commenced on 12 July 1893. |
| Part II, Chapter 2 (section 14–23) | commenced on 27 November 1901. |
| Part V (section 31–50) | commenced on 1 August 1903. |
| Part VII (section 60–84) | commenced on 1 October 1904. |
| Part VIII (section 85–92) | commenced on 22 September 1905. |
| Part VI (section 51–59) | commenced on 29 September 1922. |
| Part IV (section 25–30) | not yet commenced. |
Part I – Preliminary
1. Short title
This Act may be cited as the Crimes Act, 1889.Part II – Gaming and betting
Chapter 1
Gaming*
2. Unlawful to keep any gambling house
Any person who keeps or visits a gambling house or gaming table within Swaziland shall be guilty of an offence.3. Right to enter and search
A Law Officer, Justice of the Peace, Regional Secretary or Police Officer, or any person duly authorised under signature of a Law Officer, with such assistance as he shall deem necessary, may at all times enter and search any house, tent, room, vehicle or other place of meeting, which he has good reason to believe is a gambling house, and, if, upon request made by such Law Officer, Justice, Regional Secretary, policeman or other person so authorised, specifying his name, capacity and the reasons why he wishes to be admitted into such house or other place, such house or other place is not forthwith opened, such officer or policeman may break open such house or other place, or cause it to be broken open, and may enter and search it by force, and the owner or occupier thereof who, for whatever reason, does not open it or refuses to open it upon request made in the prescribed manner, by such officer or policeman or other person so authorised shall be guilty of an offence and liable, on conviction to a fine not exceeding two hundred emalangeni, or imprisonment for a period not exceeding six months, in addition to any further punishment to which such person may be liable under this Chapter.[Amended L.l/1965]4. Gambling house defined
Every house, tent, room, vehicle or other place of meeting shall be deemed to be a gambling house in which, and every article or thing shall be deemed to be a gaming table, on which, gaming appliances are found, or in which or whereon it appears that a bank is being kept, that is to say, in which or whereon the players stake money against the money of the occupier or owner of such house or the table or against money supplied by any person, bank or firm or mutual association, as a fund or as capital for the purpose of gambling, or in which or on which Rouge et Noir, Roulette, Faro or any other game is being played, by which the owner or occupier of such house or the table of any person, or bank or firm, or partnership with shares, stakes money against the money of the players.5. Who is deemed to be a keeper
Every holder of a gambling house, whether as owner, holder, attendant or in any other capacity whatsoever, and every person charged with the supervision or the direction of play, or acting as banker, dealer, croupier or in any other capacity, and every person acting as porter, doorkeeper or servant, or filling any other office in any gambling house, or at any gaming table, shall be deemed to be the keeper of a gambling house or gaming table.6. Visitors
Every person found in a gambling house or at a gaming table, who is not the holder of such gambling house or gaming table, shall be deemed to be visiting such gambling house or gaming table with the object of playing.7. Gaming in open places
Any person who bets in any street or open place or vehicle or plays therein at any game for a wager or stake, or who therein plays at or with any table or instrument of gaming, shall be guilty of an offence and liable on a first conviction of such offence to a fine not exceeding one hundred emalangeni or, in default of payment thereof, imprisonment not exceeding three months and for a second or subsequent conviction thereof, to a fine not exceeding five hundred emalangeni or imprisonment not exceeding twelve months or both:Provided that this section shall not extend to a bet placed on any race course or other grounds used for horse or other racing, or for any lawful sport, game, or exercise on any day on which any such race, sport, game or exercise is being held, played or carried on where the bet relates to such race, sport, game or exercise held, played or carried on, on such day.[Added A.18/1971]8. Penalty against keepers
A person who is convicted of keeping a gambling house or gaming table shall be punished for the first such offence by forfeiture of all moneys, gaming tables, implements and appliances found in such house or in the possession of any keeper thereof, in addition to a fine not exceeding one hundred emalangeni, or in default of payment thereof, imprisonment not exceeding three months; for a second such offence by imprisonment for not less than three nor more than twelve months, in addition to such forfeiture; and for a third or subsequent offence by imprisonment not exceeding three years, in addition to such forfeiture.9. Penalty for fraud
Any person who, by fraud or any illegal trick, pretext or artifice of whatsoever kind, with cards, tables or any other game, wins any money or any article of value from any person, or any person who in any way whatsoever, conspires with others to induce another person to commence play, in order by so doing to win his money or articles of value, by any sort of illegal game, shall be deemed to have committed the offence of obtaining money or goods under false pretences, and shall be sentenced for the first such offence, to imprisonment not exceeding three months; for the second such offence, to imprisonment not exceeding six months; and for the third such offence to imprisonment not exceeding two years:Provided that the Attorney-General, or his lawful representative, shall at all times have the right to require the person who has lost at such play, or one or more of the accomplices to give evidence for the prosecution although they may have joined in such play.10. Forfeiture of instruments, moneys, etc.
Upon the conviction of any person under this Part, all tables, instruments of gaming money and securities for money seized shall be forfeited to the Government and the presiding judicial officer before whom such person has been convicted may order the destruction of any such tables and instruments of gaming.[Added A.18/1971]11. Games of skill
The court shall decide whether the game, with reference to which a complaint is made, is a game of chance, or one to be decided by science or skill, and if it appears that the amount played for in a game of science or skill is unreasonably high, the court shall declare such game illegal, and to be a game of chance for the purposes of this Chapter.12. Penalties for visitors
Any person who is shown to have visited a gambling house or gaming table with the object of playing shall be liable for the first such offence, to a fine not exceeding ten emalangeni or in default of payment thereof imprisonment for one week; for a second such offence, a fine not exceeding twenty emalangeni, or in default of payment thereof, imprisonment for two weeks; and for a third such or subsequent offence, to a fine not exceeding forty emalangeni or in default of payment thereof imprisonment for six weeks.13. Informant
Any person who gives information which leads to a conviction and the infliction of any fine or forfeiture under this Chapter shall be entitled to receive half of the moneys forfeited or fines inflicted or received.Chapter 2
Betting houses
14. Prohibition of the keeping of betting houses
No house, office, room, or other place shall be opened, kept or used with intent that the owner, occupier or keeper thereof, or any person procured or employed by or acting on his behalf, or any person having the care or management, or in any manner conducting the business thereof, may bet or wager with persons resorting thereto, or being in any manner in communication therewith, or for the purpose of any money or valuable thing being received by or on behalf of or expressly or impliedly promised, undertaken or agreed to be paid or given to such owner, occupier, keeper or person, as or for the consideration for any assurance undertaking, promise or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race, or other race, fight, game, sport or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency.15. Penalties for keeping, etc., betting houses
Any person who is the owner or occupier of any house, office, room or other place, and who opens, keeps or uses it for any purpose referred to in section 14, and any person who is the owner or occupier of any house, room, office, or other place who knowingly and wilfully permits it to be opened, kept or used by any other person for any such purpose, and any person having the care or management of, or in any manner assisting in conducting the business of any house, office, room, or place opened, kept or used for any such purpose shall be guilty of an offence and on conviction before any magistrate be liable to imprisonment, not exceeding six months, or to a fine not exceeding two hundred emalangeni or in default of payment thereof, imprisonment not exceeding six months.16. Penalties on receiving money, etc., for purposes of bets
Any person who is the owner or occupier of any house, office, room, or place opened, kept, or used for any such purpose, or any person acting for or on his behalf, or any person having the care or management, or in any manner assisting in conducting the business thereof, who receives, directly or indirectly, or to whom if expressly or impliedly promised, undertaken, or agreed to be paid or given any money or valuable thing as a deposit on or security for any bet or wager on condition of paying any sum of money or other valuable thing on the happening of any event or contingency of or relating to a horse race, or any other race, or any fight, game, sport, or exercise, or as for the consideration of any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any such event or contingency, and any person giving any acknowledgment note, security, or draft on the receipt of any money or valuable thing so paid or given, or promised, undertaken, or agreed to be paid or given, purporting or intended to entitle the bearer or any other person to receive any money or valuable thing on the happening of any such event or contingency, shall be guilty of an offence and on conviction before a magistrate, be liable to imprisonment not exceeding three months, or to a fine not exceeding one hundred emalangeni, or in default of payment thereof, imprisonment not exceeding three months.17. Recovery of moneys so paid
Any money or valuable thing received by any such person as a deposit on any bet, or as or for the consideration for any such assurance, undertaking, promise or agreement, shall be deemed to have been received to or for the use of the person from whom it was received, and such money or valuable thing, or the value thereof, may be recovered accordingly with full costs in any court.18. Penalty on publication, etc., of betting house advertisements
Any person exhibiting or publishing or causing to be exhibited or published any placard, handbill, card, writing, sign, or advertisement, whereby it is made to appear that any house, office, room, or place is opened, kept, or used for the purpose of making bets or wagers in such manner, or for the purpose of exhibiting lists for betting, or with intent to induce any person to resort to or in any manner get into communication with such house, office, room or place, for the purpose of making bets or wagers in such manner, or any person who, on behalf of such owner or occupier, invites other persons to resort thereto, or in any manner to get into communication therewith for the purpose of making bets or wagers in such manner, shall be guilty of an offence and on conviction thereof before a magistrate, be liable to imprisonment not exceeding two months, or to a fine not exceeding fifty emalangeni, or in default of payment thereof imprisonment not exceeding two months.19. Penalties on sending letters, circulars, etc., giving information and advice as to bets
If any letter, circular, telegram, placard, handbill, card, or advertisement is sent, exhibited, or published:20. Half the penalty to go to the informer
One-half of every pecuniary penalty ordered to be paid under this Chapter may be paid to any person who gives information leading to conviction and to the infliction of any such penalty.21. Powers of magistrate on complaints received or on reasonable suspicion of existence of betting house
Any magistrate, upon complaint made before him on oath that there is reason to suspect any house, office, room, or place to be kept or used as a betting house or office contrary to this Chapter, may give authority by special warrant under his hand, to any police officer to enter with such assistance as may be found necessary, into such house, office, room, or place, and if necessary to use force for making such entry, and to arrest, search, and bring before a magistrate all persons found therein, and to seize all lists, cards, or other documents relating to racing or betting found in such house or premises.22. Saving of stakes held for winner of lawful sport
This Chapter shall not apply to any person receiving or holding any money or valuable thing by way of stakes or deposit to be paid or given to the winner of any race or lawful sport, game or exercise, or to the owner of any horse engaged in any race.23. Saving of places used for lawful sport
This Chapter shall not apply to any owner or occupier of any race-course or other ground used for horse or other racing, or for any lawful sport, game or exercise, or to any person employed by or acting on behalf of such owner or occupier, opening, keeping or using on any day on which any recognised race, sport, game or exercise is being held, played or carried on, any building, shed, or other erection or enclosed space on or within any such race-course or other ground for any of the purposes mentioned in section 14, and no such building, shed, or other erection or enclosed space on or within any such race-course or other ground shall on any such day be deemed to be a house, office, room or other place within the meaning of this Chapter:Provided that the “event” or “contingency” mentioned in section 14 relate to such race, sport, game or exercise, held, played or carried on, on any such day.Part III – Perjury
24. Perjury
Anyone who, whether in or out of court, makes an affidavit, or other solemn declaration declared by law to be the equivalent of an affidavit, before a regional secretary, justice of the peace or any other competent person, which appears to have been falsely made and at variance with the truth, and maliciously or with the intention of injuring another or benefitting himself, shall be deemed to have committed the crime of perjury, and shall be punished accordingly.Part IV – ***
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[Repealed K/O-I-C. 19/1993]Part V – Immorality and offences in public places or places of public resort and control of places of public resort
31. Interpretation
In this Part unless the context otherwise requires—“brothel” includes any house, or place kept or used for the purpose of prostitution, or for persons to visit for unlawful carnal connection, or for any other lewd, obscene or indecent purpose;“house” includes a dwelling-house, building, room, out-house, shed or tent;“owner” includes any person who lets or permits the occupation of any house or place whether in his own right or that of another;“place” includes any field, enclosure, space, vehicle or boat;“place of public resort” means a place of entertainment, amusement or refreshment, to which the public have access, whether by payment or otherwise;“public place” means a place to which the public have access and includes a meeting which the public or any section thereof is permitted to attend, but does not include a public resort;[Amended A.18/1971]“unlawful carnal connection” means carnal connection otherwise than between husband and wife.[Amended P.17/1962]32. Keeping a brothel
Any person who keeps a brothel shall be guilty of an offence and on conviction liable to imprisonment not exceeding three years.33. Who are deemed keepers of brothel
Any—34. Effect of notice to the owner
If any house or place is used as a brothel written notice thereof given by a police officer of the rank of sub-inspector or above or by any two householders living in the vicinity of the house or place complained of to the owner thereof shall be conclusive proof of knowledge on the part of the person to whom such notice is given.35. Onus of proof
In any prosecution under this Part the onus of proving that a house or place is being kept or used as a brothel to the knowledge of the owner shall be on the prosecution:Provided that if it is established to the satisfaction of the court that having regard to the locality and accommodation, the rent paid for the house or place is excessive or exorbitant, the onus shall be on the accused to prove that he was ignorant that such house or place was kept or used as a brothel.36. Contract to let house for a brothel void
Any contract to let any house or place to be kept or used as a brothel shall be null and void and no action or other legal proceedings for or in respect of rent shall be maintained in respect of such contract.37. Contract to let house void if used as a brothel
Any contract to let any house or place which subsequently to the making of such contract becomes a brothel shall upon the date of such event be determined and become null and void:Provided that upon proof by the owner of his ignorance that such house or place was so kept or used he shall be entitled to recover the rent up to the date upon which he became aware that such house or place was being kept or used as a brothel.38. Summary ejectment when the house is kept as a brothel
The owner of any house or place used wholly or in part as a brothel shall be entitled to apply to the Regional Administrator of the region in which such house or place is situate for the summary ejectment of any person who may be keeping or using such house or place or any part thereof as a brothel, and such Regional Administrator shall be entitled after enquiry to order the summary ejectment of such person therefrom.39. Proceedings when householders complain that a house is used as a brothel
On the receipt of complaints from not less than two householders of good repute that any house or place in the vicinity of the dwellings of such householders is being kept or used as a brothel the Regional Administrator may require them to attend before him in his office and there declare on oath that the contents of their respective complaints are true and to enter into recognisances in such sum as such Regional Administrator deems reasonable having regard to their pecuniary circumstances to produce material evidence in support of such complaints or upon a similar complaint upon oath being laid before him by any police officer of the rank of sub-inspector or above the Regional Administrator may issue his warrant for the arrest of the person appearing to be the keeper of such brothel to be dealt with according to law.40. Regional Administrator may authorise search of house suspected of being a brothel
41. Parent or guardian procuring defilement of ward
42. Unlawfully defiling women — Procuration
Any person who—43. Conspiracy to defile
Any person who conspires with any other person to induce any woman or girl by any false pretences or other fraudulent means to allow any man to have unlawful carnal connection with her shall, where such offence does not amount to rape, be guilty of an offence and on conviction liable to a fine of six hundred emalangeni or imprisonment for two years.[Amended A. 18/1952]44. Householder permitting defilement of girl on his premises
Any person who is the owner or occupier of any house or place or who has or acts or assists in the management or control thereof and who induces or knowingly permits any girl of the age mentioned in this section to resort to or to be in or upon such house or place for the purpose of being unlawfully and carnally known by any man, whether a particular man or not, shall if such girl is—45. Detention in a brothel
46. Abduction of girl under eighteen
Any person who takes or detains an unmarried girl under the age of eighteen years or causes her to be taken or detained out of the custody and against the will of her father or mother, or other person having the custody of her with intent that she may be unlawfully carnally known by any man, whether a particular man or not, shall be guilty of an offence and on conviction liable to a fine of one thousand emalangeni or imprisonment for five years.[Amended A.18/1952]47. Enticing to commission of immoral acts
Any person who—48. Male persons living on earnings of prostitution
49. Offences in public place or place of public resort
50. Control of places of public resort
Any person who is the keeper or has the management of a place of public resort, and who knowingly permits pimps or prostitutes to frequent such place, or knowingly suffers prostitution to be carried on in or about such place shall be guilty of an offence and liable on conviction to the penalties mentioned in section 47.[Added P.17/1962]Part VI – Unauthorised wearing of uniforms
51. Interpretation
In this Part, unless the context otherwise requires—“His Majesty’s Forces” includes a regular, reserve and auxiliary naval, air or military forces raised under an Act of Parliament.52. Wearing uniform without authority
Any person who without due authority wears or uses any uniform, decoration, medal, badge or ribbon supplied to or authorised for use by any of His Majesty’s forces or the Royal Swaziland Police, or any uniform, decoration, medal, badge, or ribbon so nearly resembling them as to be calculated to deceive, shall be guilty of an offence and liable to the penalties prescribed.53. False representations
Any person who falsely represents himself by act or word to be a person who is or has been entitled to use or wear any such uniform, decoration, medal, or badge shall be guilty of an offence and liable to the penalties prescribed.54. Supplying without authority
Any person who, without lawful authority or excuse, supplies any such uniform, decoration, medal, or badge to any person not authorised to use or wear it shall be guilty of an offence and liable to the penalties prescribed.55. Bringing contempt or ridicule on uniform
Any person not serving in His Majesty’s forces or in the Royal Swaziland Police, who wears or displays, with or without permission, the uniform of any of such forces, or any dress having the appearance, or any of the regimental or other distinctive marks, of any such uniform, in such manner or under such circumstances as to be likely to bring contempt or ridicule on such uniform or service of any such forces or who employs any other person so to wear or display such uniform or dress, shall be guilty of an offence and liable to the penalties prescribed.56. False papers
Any person who—57. Penalty
Any person committing an offence under this Part shall on conviction be liable to a fine not exceeding one hundred and fifty emalangeni or in default of payment thereof imprisonment not exceeding six months.58. Burden of proof
If under this Part any act is an offence if done without lawful authority or excuse the burden of proving such act was done with lawful authority or excuse shall rest on the person accused.59. Evidence
Every document purporting to be an order or other instrument issued by a competent air, naval, military or police authority and to be signed by such authority, and duly certified copies thereof, shall be received in evidence and be deemed to be such order or instrument without further proof, unless the contrary is shown.Part VII – Housebreaking, extortion, witchcraft, etc.
Chapter 1
Preliminary
60. Interpretation
In this Part, unless the context otherwise requires—“break” means obtaining entrance into or exit from any building by means of force, threat, fraud, stealth or trick or by the unfastening or opening of any door or window or by the removal of any thing used to cover any opening into or within or from such building;“day time” means the period between sunrise and sunset;“dwelling” means a building or structure or any part thereof which is for the time being kept by the owner or occupier thereof for the residence therein of himself, his family or servants or any of them, whether or not such building or structure is from time to time uninhabited;“enter” means the insertion of any part of a person’s body or any part of an instrument used by such person within a building;“night” means the period between sunset and sunrise;“police officer” includes any member of any police force lawfully established in Swaziland;“premises” means any building or structure or part thereof (other than a dwelling) habitually used as a shop, warehouse, storehouse, bank, office, school or for divine worship, or any outbuilding occupied in connection with any dwelling or premises;“property” includes everything capable of being the subject of ownership whether animate or inanimate, movable or immovable, corporeal or incorporeal;“valuable security” includes any document which is the property of any person and which is the evidence of the ownership of any property or of the right to recover, receive or be in possession of any property.Chapter 2
Housebreaking and like offences
61. Breaking and entering premises other than a dwelling in the night with intent
Any person who breaks and enters any premises at night with intent to commit an offence therein shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or imprisonment not exceeding seven years and if such person is a male to whipping not exceeding twelve strokes in addition to such imprisonment.62. Breaking and entering a dwelling in the night with intent
Any person who breaks and enters any dwelling at night with intent to commit an offence therein shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or imprisonment not exceeding fourteen years and if such person is a male to whipping not exceeding twenty-four strokes in addition to such imprisonment.63. Entering dwelling or premises in the night with intent to commit an offence
Any person who enters any dwelling or premises at night with intent to commit an offence therein shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or imprisonment not exceeding five years and if such person is a male to whipping not exceeding nine strokes in addition to such imprisonment.64. Being found by night armed or disguised or in possession of housebreaking implements with intent
Any person who is found at night—65. Breaking and entering premises or dwelling by day with intent to commit an offence
Any person who breaks and enters any premises or dwelling in the day time with intent therein to commit an offence shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or imprisonment not exceeding five years and if a male to whipping not exceeding twelve strokes in addition to such imprisonment.[Amended A.18/1952]66. Entering premises or dwelling on ground attached to same and refusing to depart on request
67. Using threats after having broken or entered or unlawfully remained on premises
A person who has unlawfully broken into or entered upon or remained upon any premises or dwelling or enclosed piece of ground attached to or used in connection with such premises and who by any threat or conduct puts anyone therein or thereon in bodily fear shall be guilty of an offence and on conviction be liable to a fine of six hundred emalangeni or imprisonment not exceeding two years and if a male to whipping not exceeding nine strokes in addition to any penalty to which he is liable under any law or under any of the preceding sections of this Part.68. Punishment after previous conviction for like offences
If any person is convicted of a contravention of any of the preceding sections of this Part after a previous conviction for—Chapter 3
Extortion
69. Compelling the execution of documents
Any person who by unlawful violence or restraint of the person of another or by threat of violence and with intent to defraud or injure unlawfully compels any person to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security or to write, impress or affix any name or seal upon any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security shall be guilty of an offence and on conviction liable to a fine of one thousand emalangeni or imprisonment not exceeding twenty years and if such person be a male to whipping not exceeding twenty-four strokes in addition to such imprisonment.70. Demanding property with threats and intent to steal
Any person who with threats of injury or by the display or pretended display of force demands any property capable of being stolen with intent to steal or obtain unlawful possession thereof shall be guilty of an offence and on conviction liable to a fine of one thousand emalangeni or imprisonment not exceeding seven years and if such person be a male to whipping not exceeding twelve strokes.71. Demanding property by letter using threats
Any person who knowing the contents thereof sends, delivers or utters any letter or writing or directly or indirectly causes it to be received which demands of any person with the use of threats and without reasonable or probable cause any property or thing whatsoever shall be guilty of an offence and on conviction liable to a fine of one thousand emalangeni or imprisonment not exceeding fourteen years and if such person be a male to whipping not exceeding fifteen strokes.72. Sending letter threatening to accuse or accusing of a crime with intent to obtain money, etc.
Any person who knowing the contents thereof shall send, deliver or utter any letter or writing or directly or indirectly cause it to be received which accuses or threatens to accuse any person of any crime or offence with intent to obtain from any person whatever any property or money or other valuable thing shall be guilty of an offence and liable, on conviction to the penalties mentioned in section 71, and if such crime or offence be an—73. Immaterial from whom the violence or accusation to come
It shall be immaterial in any charge or trial of any person for contravening section 69, 70, 71 or 72, whether the threats mentioned in such section be of violence, injury or accusation to be caused or made, are to proceed from the accused or from any other person.74. Publishing or threatening to publish defamatory matter with intent to extort money
Any person who publishes or directly or indirectly threatens to publish or directly or indirectly proposes to abstain from publishing or directly or indirectly offers to prevent the publication, of any defamatory matter concerning any other person with intent to extort any property from such person or any third person or with intent to induce any person to give or confer or procure or to attempt to procure to, upon or for any person any property or benefit of any kind, shall be guilty of an offence and liable on conviction to a fine of one thousand emalangeni or imprisonment not exceeding three years.Chapter 4
Witchcraft
75. Imputations of witchcraft
Any person who imputes to another the use of non-natural means in causing any disease in any person or property or in causing injury to any person or property or shall name or indicate another as a wizard or witch or who by means of pretended supernatural power indicates anyone as being responsible for or the cause of any injury to any person, animal or thing shall be guilty of an offence and on conviction liable to a fine of one thousand emalangeni or imprisonment not exceeding five years.76. Witchdoctor naming another as a wizard or witch
Any person who having named or indicated another as a wizard or witch or having by means of pretended supernatural power indicated another as being responsible for or the cause of any injury to any person, animal or thing and who is proved to be by habit or repute a witchdoctor or witch finder shall be guilty of an offence and on conviction liable to a fine of one thousand emalangeni or imprisonment for life.77. Employing a witch doctor
78. Witchdoctor supplying advice for witchcraft with intent to injure
79. Persons using witch medicine with intent to injure
Any person who on the advice of a witchdoctor or of his pretended knowledge of witchcraft and with intent to injure, uses or causes to be put into operation such means or processes as he believes to be calculated to injure any person or property shall be guilty of an offence and liable on conviction to a fine of one thousand emalangeni or imprisonment not exceeding ten years.[Amended A. 18/1952]80. Pretending to use supernatural power for purposes of gain
80bis. Unlawful possession etc., of human body or part thereof
Chapter 5
Miscellaneous
81. Penalty for assaulting or resisting or obstructing police officer in execution of his duty
Any person who assaults or resists or wilfully obstructs a police officer in the execution of his duty shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or in default of payment thereof imprisonment not exceeding three months or to be imprisoned without the option of a fine for a period not exceeding three months; and in the case of a subsequent conviction for any such offence within the space of two years he shall be liable to imprisonment not exceeding six months without the option of a fine.82. Communication containing threats, etc.
Any person who writes or transmits or knowingly is a party to the writing or transmission of a communication containing threats of bodily injury to a person or indecent or obscene matter, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or, in default of payment thereof, imprisonment not exceeding six months.[Added P.17/1962]83. Attempting or inciting to offences defined by this Part
Any person who attempts to commit or who incites or attempts to procure the commission of any offence under this Part shall be guilty of an offence and liable on conviction to the punishment to which an offender convicted of such offence is liable under this Part.84. Attempting to commit statutory offences other than defined in this Part
Any person who attempts to commit any offence created or defined by statute other than in this Part for which attempt no punishment is expressly provided by such statute shall be guilty of an offence and liable on conviction to the punishment to which an offender convicted of such offence is by such statute liable.Part VIII – Prevention of crime
85. Special offences by persons twice convicted
86. Penalty on lodging-house keeper harbouring criminals
87. Prohibition of entry of certain persons into Swaziland
Any person entering Swaziland shall be guilty of an offence against this Part if he has—88. Removal from Swaziland of certain convicted persons
Any person who has—89. Removal of convicted persons from Swaziland
The Prime Minister may by warrant remove from Swaziland any person convicted of contravening section 87 or 88.90. Penalty for being found in Swaziland after removal
If any person who has been lawfully removed from Swaziland under this Part is thereafter found therein, he may be arrested without warrant, and brought before a magistrate’s court, and shall be guilty of an offence and on conviction liable to imprisonment not exceeding twelve months, and at the expiry of such sentence may be again removed from Swaziland under section 89.91. Regulations for preventing entrance into and removal and custody of persons convicted of certain offences
92. Regulations for prohibiting possession of and sale of dangerous weapons
History of this document
01 December 1998 this version
Consolidation
29 September 1922
Commenced
22 September 1905
Commenced
01 October 1904
Commenced
01 August 1903
Commenced
27 November 1901
Commenced
12 July 1893
Commenced
31 May 1889
Commenced
Cited documents 3
Legislation 3
Documents citing this one 10
Judgment 8
- Mbuli v Jele (1805 of 2006) [2007] SZHC 37 (20 April 2007)
- Rex v Magongo and Others (446 of 2015) [2019] SZHC 215 (18 November 2019)
- Rex v Maphalala [1980] SZHC 11 (2 May 1980)
- Rex v Maphosa and Others (59 of 2016) [2016] SZHC 57 (14 March 2016)
- Rex v Mlotshwa [1980] SZHC 7 (25 March 1980)
- Rex v Msibi and Another (216 of 2010) [2012] SZHC 23 (13 March 2012)
- Rex v Myeni (1188 of 2017) [2017] SZHC 135 (2 July 2017)
- Rex v Shub [1981] SZHC 12 (22 September 1981)