The National Trust Commission Act

(Amended K.O-I-C 22/1973)

(CONTENTS)(PART I)(PART II)(PART III)(PART IV)(PART V)(PART VI)(PART VII)

PART II

THE COMMISSION

Establishment of the Commission.

3. (1) There is established a body to be known as the "Swaziland National Trust Commission" which shall be a body corporate, capable of suing and being sued in its own name, of acquiring and alienating movable and immovable property and, subject to the provisions of this Act, generally of performing all such acts as bodies corporate may by law do.

(2) Subject to the provisions of Part VI of this Act, the Commission shall not without the prior approval of the Minister purchase, hire, sell, let, exchange, or otherwise alienate, hypothecate or encumber immovable property or invest, lend or borrow moneys.

Constitution of the Commission.

4. (1) The Commission shall consist of a chairman and six members appointed by the Minister by notice published in the Gazette, together with such other members as may be elected by the Commission under subsection (2).

(2) The Commission may elect not more than four persons possessing such expert knowledge or experience as may be required by it in the discharge of its functions. (Amended K.O-I-C. 22/1973)

(3) The Commission shall elect a deputy chairman who shall preside if the chairman is absent.

(4) The period of office of a member of the Commission shall be -

(a) in the case of a member appointed under subsection (1), three years; and

(b) in the case of a member elected under subsection (2), a period not in excess of one year,

but a member shall be eligible to be re-appointed or re-elected.

(5) A member of the Commission shall vacate his office if he -

(a) gives the Minister written notice of his resignation; or

(b) has been absent from three consecutive meetings of the Commission without the permission of the chairman; or

(c) is declared by a competent court to be of unsound mind; or

(d) is convicted of an offence and sentenced to a term of imprisonment without the option of a fine; or

(e) is declared insolvent by the High Court and has not been rehabilitated; or

(f) is employed by the Commission.

(6) When a vacancy among appointed members of the Commission occurs, the Minister shall appoint a person to fill the vacancy for the unexpired portion of the period for which such member has been appointed.

(7) The chairman (or deputy chairman) and four members of the Commission shall constitute a quorum and a decision of the majority of members present at the meeting shall be deemed to be the decision of the Commission.

(8) The chairman shall have a casting vote as well as a deliberative vote.

(9) The Commission shall meet at least twice a year and the chairman shall give or cause members of the Commission to be given reasonable notice in writing of a meeting.

Members of the Commission not to be remunerated.

5. No remuneration shall be paid to the members of the Commission, but each member may draw from the funds of the Commission his reasonable expenses for subsistence and travelling while engaged in the business of the Commission at the rates authorized in terms of any regulation made under section 43.

Functions of the Commission.

6. (1) Subject to the provisions of this Act or any other law the Commission is charged with the general supervision and control of the Swaziland National Centre and other declared institutions, national parks, nature reserves, monuments, relics and antiques. (Amended K.O-I-C. 22/1973)

(2) The Commission may establish comittees to assist it in the exercise of its functions and the performance of its duties, and may, in addition, appoint such persons as it may deem fit to be members of such a committee.

Officers and employees.

7. (1) The Commission shall appoint a chief executive officer who shall -

(a) hold office for such a period and subject to such conditions as the Commission may decide; and

(b) subject to the directions of the Commission be charged with the management of the business of the Commission and its administration and organisation and with control of the staff of the Commission.

(2) The Commission may, subject to the provisions of section 11, appoint such other persons to the staff of the Commission as may from time to time be required for the carrying out of the objects of this Act and may in its discretion dismiss any officer or employee from its service.

Limitation of liability and actions.

8. (1) No action shall lie against the Commission for the recovery of any damage caused by any animal, inside a declared institution, park, reserve or monumnet unless such damage is shown to have been caused by the reckless or wilful misconduct of a person employed by the Commission and acting in the course of such employment. (Amended K.O-I-C. 22/1973)

(2) No action shall lie against the Commission or any officer or employee of the Commission in respectof anything done under this Act unless written notice stating the cause of action is served on the Commission within thirty days after the cause of action arises, and unless the action is commenced within six months after the cause of action arises.

(CONTENTS)(PART I)(PART II)(PART III)(PART IV)(PART V)(PART VI)(PART VII)