LAND, ENVIRONMENT AND NATURAL RESOURCES
253. (1) Land shall be held, used and managed in accordance with the following principles:
(a) equitable access to land and associated resources;
(b) security of tenure for lawful land holders;
(c) recognition of indigenous cultural rites;
(d) sustainable use of land;
(e) transparent, effective and efficient administration of land;
(f) effective and efficient settlement of land disputes;
(g) river frontages, islands, lakeshores and ecologically and culturally sensitive areas—
(i) to be accessible to the public;
(ii) not to be leased, fenced or sold; and
(iii) to be maintained and used for conservation and preservation activities;
h) investments in land to also benefit local communities and their economy; and
(i) plans for land use to be done in a consultative and participatory manner.
CLASSIFICATION AND ALIENATION OF LAND AND LAND TENURE
254. (1) Land shall be delimited and classified as State land, customary land and such other classification, as prescribed.
(2) The President may, through the Lands Commission, alienate land to citizens and non-citizens, as prescribed.
(3) Land shall be held for a prescribed tenure.
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.
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.
It is important to note that Swaziland is a constitutional monarch unlike Zambian chiefs who cannot even issue a land certificate much less a title deed, the Swaziland king issues title deeds.