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Country Summary for SWAZILAND
I. Relevant Legislation
II. Regulated Cultural Property
‘Antique’: an object proclaimed as such under section 26.
‘Declared institution’: an institution proclaimed as such under section 10 and includes the Swaziland National Centre.
‘Institution’: any art gallery, library, museum, zoological or botanical garden, or other scientific or cultural institution deemed by the Minister to be of a similar character.
‘Monument’: an area or object proclaimed as such by the Minister under section 26 and where appropriate includes relics and antiques.
‘Owner’: in relation to land means a person who has title thereto and any person who has any right or interest in such land.
‘Property’: includes any interest in or right over immovable property.
‘Relic’: an object proclaimed as such under section 26. (NTCA 1972 Part I §2)
The Commission may make a recommendation to the Minister that it is in the national interest that he proclaim:
(i) as a national monument: any area of land having a distinctive or beautiful scenery or geological formation, or any area of land containing a rare or distinctive or a beautiful flora or fauna, or any area of land containing objects of archaeological, historical, or scientific interest or value. . .
(ii) as a relic: any fossil of any kind, any drawing or painting on stone or petroglyph known or commonly believed to have been executed by Bushmen or other aboriginal inhabitants of Southern Africa, or by any people who inhabited or visited Southern Africa in ancient days, and any implement or ornament known or commonly believed to have been used by them and any anthropological or archaeological contents of the graves, caves, rock shelters, middens, shell mounds, or other sites used by them;
(iii) as an antique, any movable object (not being a monument or relic) of aesthetic, historical, archaeological or scientific value or interest, the whole or more valuable portion whereof has for more than thirty years been in any part of Southern Africa, or which was made therein more than fifty years before the publication of such notice. (NTCA 1972 Part V §25)
Upon the recommendation of the Commission, the Minister may after consultation with the Prime Minster by notice in the Gazette proclaim an area or object to be a national monument, relic or antique, as the case may be. . . . (NTCA 1972 Part V §26)
The Minister may, after consultation with the Commission, or on its recommendation, by notice in the Gazette reduce an area proclaimed to be a monument or relic in terms of subsection (1) or cancel a notice issued in terms of that subsection. (NTCA 1972 Part V §26)
Where a monument, relic or antique has been proclaimed under section 26, the Minister may, by purchase or otherwise and, failing agreement with the owner, shall where necessary acquire by expropriation any area of land proclaimed as a national monument or relic in terms of section 26 necessary for the purposes of that monument or relic. (NTCA 1972 Part V §27)
III. Export Restrictions
IV. Ownership Rights and Restrictions
V. Violations, Penalties and Sanctions
VI. International Conventions and Bilateral Agreements
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