Eswatini 2005

1. The Kingdom and its territory

1. Type of government envisioned
   Swaziland is a unitary, sovereign, democratic Kingdom.
2. The territory of Swaziland comprises all the land that immediately before the 6th September 1968 comprised the former Protected State of Swaziland together with such additional land as may from time to time be declared to form part of Swaziland in accordance with international law.

2. The Constitution

1. This Constitution is the supreme law of Swaziland and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.
2. The King and iNgwenyama and all the citizens of Swaziland have the right and duty at all times to uphold and defend this Constitution.
3. Any person who -
   1. by himself or in concert with others by any violent or other unlawful means suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act; or
   2. aids and abets in any manner any person referred to in paragraph (a);

   commits the offence of treason.

3. The Anthem, Flag and Languages

1. National anthem, National flag
   The National Anthem and Flag of Swaziland shall be the Anthem or Flag lawfully in use at the time of commencement of this Constitution or such other Anthem or Flag as may from time to time be prescribed.
2. Official or national languages
   The official languages of Swaziland are siSwati and English.
3. Notwithstanding the provisions of subsection (2), the authoritative text of any law or document shall be the text in which that law or document was originally passed or produced.

4. King and iNgwenyama

1. Head of state selection
   Without prejudice to the provisions of section 228, King and iNgwenyama of Swaziland is an hereditary Head of State and shall have such official name as shall be designated on the occasion of his accession to the Throne.
2. The King and iNgwenyama is a symbol of unity and the eternity of the Swazi nation.
3. The King and iNgwenyama is the-
   1. Commander-in-Chief of the Defence Force;
   2. Commissioner-in-Chief of the Police Service; and
   3. Commissioner-in-Chief of the Correctional Services.
4. The King and iNgwenyama has such rights, prerogatives and obligations as are conferred on him by this Constitution or any other law, including Swazi law and custom, and shall exercise those rights, prerogatives and obligations in terms and in the spirit of this Constitution.

5. Succession to the Throne

1. Eligibility for head of state, Head of state replacement
   Succession to the office of King and iNgwenyama is hereditary and governed by this Constitution and Swazi law and custom.
2. Where the office of King and iNgwenyama becomes vacant the successor to the Throne shall be determined and declared in accordance with Swazi law and custom.

6. Umntfwana (Crown Prince)

1. Until he accedes to the Throne, a person declared a successor under section 5, shall be designated as Umntfwana.
2. Minimum age of head of state
   Unless the situation otherwise requires, Umntfwana shall accede to the Throne when he has attained the age of eighteen years.
3. Umntfwana, before being declared king shall be installed iNgwenyama in accordance with Swazi law and custom.
4. Umntfwana shall not assume any of the duties of the office of King and iNgwenyama until he accedes to the Throne.
5. The Crown Prince shall be entitled to such training, allowance and other privileges as may be prescribed appropriate to his status.

7. The Ndlovukazi

1. Without prejudice to the provisions of section 229, the Ndlovukazi is traditionally the mother of the King and iNgwenyama and is appointed in accordance with Swazi law and custom.
2. Until the King and iNgwenyama has been installed, that is to say, until he has publicly assumed the functions and responsibilities of the King and iNgwenyama in accordance with this Constitution and Swazi law and custom, or during any period when he is by reason of absence from Swaziland or any other cause unable to perform the functions of his office, those functions shall be performed, save as otherwise provided in this Constitution, by the Ndlovukazi acting as Queen Regent.
3. In her capacity as Queen Regent, the Ndlovukazi shall be assisted and advised by the Umntfwanenkhosi Lomkhulu -in-Libandla.
4. The Queen Regent shall be entitled to such remuneration as may be prescribed and that remuneration shall be paid out of the Consolidated Fund and shall not be reduced during the continuance in office of the Queen Regent.
5. Civil proceedings shall not be instituted or continued in respect of which relief is claimed against the Queen Regent for anything done or omitted to be done by the Queen Regent in her private capacity and shall not be summoned to appear as a witness in any civil or criminal proceedings.
6. Where provision is made by law limiting the time within which proceedings of any description may be brought against a person, the period during which that person held a position of Queen Regent shall not be taken into account in calculating the period of time prescribed by that law which determines whether any such proceedings as are mentioned in this section may be brought against that person.
7. The Queen Regent shall be immune from taxation in respect of –
   1. any remuneration received in terms of subsection (4);
   2. all income accruing to her in her private capacity; and
   3. all property owned by her in her private capacity and so far as the taxation relates to the period of regency.
8. The Ndlovukazi shall, before commencing to act as Queen Regent take and subscribe an oath for the due execution of office in accordance with Swazi law and custom.
9. The Queen Regent shall hand over her office to the Ndlovukazi when Umntfwana assumes the office of King and iNgwenyama.

8. Umntfwanenkhosi Lomkhulu (Senior Prince)

1. Without prejudice to the provisions of section 234, Umntfwanenkhosi Lomkhulu is appointed in accordance with Swazi law and custom.
2. Where the Ndlovukazi in her capacity as Queen Regent is temporarily out of the Kingdom or for any reason temporarily unable to perform the functions of her office, subject to any requirements under Swazi law and custom, the Umntfwanenkhosi Lomkhulu may perform those functions subject to any specific instructions she may make.
3. Umntfwanenkhosi Lomkhulu when acting in terms of subsection (2) shall be entitled to such remuneration as may be prescribed and that remuneration shall be paid out of the Consolidated Fund and shall not be reduced during his continuance in office.
4. Civil proceedings shall not be instituted or continued in respect of which relief is claimed against the Umntfwanenkhosi Lomkhulu when acting in terms of subsection (2) for anything done or omitted to be done by him in his private capacity and he shall not be summoned to appear as a witness in any civil or criminal proceedings.
5. Where provision is made by law limiting the time within which proceedings of any description may be brought against a person, the period during which that person held a position of Umntfwanenkhosi Lomkhulu in terms of subsection (2) shall not be taken into account in calculating the period of time prescribed by that law which determines whether such proceedings as are mentioned in this section may be brought against that person.
6. The Umntfwanenkhosi Lomkhulu when acting in terms of subsection (2) shall be immune from taxation in respect of -
   1. any remuneration received in terms of subsection (3);
   2. all income accruing to him in his private capacity; and
   3. all property owned by him in his private capacity in so far as the taxation relate to the period of regency.
7. Umntfwanenkhosi Lomkhulu shall, before commencing to act in terms of subsection (2) take and subscribe an oath for the due execution of the office in accordance with Swazi law and custom.

9. Civil List of King and iNgwenyama

1. The King and iNgwenyama shall be paid such emoluments and shall have such Civil List as may be prescribed.
2. Any remuneration prescribed under this section shall be a charge on and paid out of the Consolidated Fund and shall not be reduced during the continuance in office of King and iNgwenyama.

10. Immunity of King and iNgwenyama

11. Protection of King and iNgwenyama in respect of legal proceedings

12. Oath by King and iNgwenyama

13. The King’s Advisory Council

1. There shall be the King’s Advisory Council composed and constituted as Liqoqo under Section 231.
2. The function of the Council shall be to advise the King and Ngwenyama as provided for under Section 231.

14. Fundamental rights and freedoms of the individual

1. The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –
   1. General guarantee of equality
      respect for life, liberty, right to fair hearing, equality before the law and equal protection of the law;
   2. freedom of conscience, of expression and of peaceful assembly and association and of movement;
   3. Right to privacy
      protection of the privacy of the home and other property rights of the individual;
   4. protection from deprivation of property without compensation;
   5. protection from inhuman or degrading treatment, slavery and forced labour, arbitrary search and entry; and
   6. respect for rights of the family, women, children, workers and persons with disabilities.
2. Binding effect of const rights
   The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Swaziland, and shall be enforceable by the courts as provided in this Constitution.
3. A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest.

15. Protection of right to life

1. A person shall not be deprived of life intentionally save in the execution of the sentence of a court in respect of a criminal offence under the law of Swaziland of which that person has been convicted.
2. The death penalty shall not be mandatory.
3. A sentence of life imprisonment shall not be less than twenty five years.
4. Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are mentioned in this subsection, a person shall not be regarded as having been deprived of life in contravention of this section if death results from use of force to such extent as is reasonably justifiable and proportionate in the circumstances of the case -
   1. for the defence of any person from violence or for the defence of property;
   2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
   3. for the purpose of suppressing a riot, insurrection or mutiny; or
   4. in order to prevent the commission by that person of a serious criminal offence.
5. Right to found a family
   Abortion is unlawful but may be allowed –
   1. on medical or therapeutic grounds including where a doctor certifies that –
      1. continued pregnancy will endanger the life or constitute a serious threat to the physical health of the woman;
      2. continued pregnancy will constitute a serious threat to the mental health of the woman;
      3. there is serious risk that the child will suffer from physical or mental defect of such a nature that the child will be irreparably seriously handicapped;
   2. where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a mentally retarded female; or
   3. on such other grounds as Parliament may prescribe.

16. Protection of right to personal liberty

1. A person shall not be deprived of personal liberty save as may be authorised by law in any of the following cases -
   1. in execution of the sentence or order of a court, whether established for Swaziland or another country, or of an international court or tribunal in respect of a conviction of a criminal offence;
   2. in execution of the order of a court punishing that person for contempt of that court or of another court or tribunal;
   3. in execution of the order of a court made to secure the fulfilment of any obligation imposed on that person by law;
   4. for the purpose of bringing that person before a court in execution of the order of a court;
   5. upon reasonable suspicion of that person having committed, or being about to commit, a criminal offence under the laws of Swaziland;
   6. in the case of a person who has not attained the age of eighteen years, for the purpose of the education, care or welfare of that person;
   7. for the purpose of preventing the spread of an infectious or contagious disease;
   8. Drugs, alcohol, and illegal substances
      in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of the care or treatment of that person or the protection of the community;
   9. Extradition procedure
      for the purpose of preventing the unlawful entry of that person into Swaziland, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Swaziland or for the purpose of restricting that person while being conveyed through Swaziland in the course of the extradition or removal of that person as a convicted prisoner from one country to another; or
   10. to such extent as may be necessary in the execution of a lawful order –
       1. requiring that person to remain within a specified area within Swaziland or prohibiting that person from being within such an area;
       2. reasonably justifiable for the taking of proceedings against that person relating to the making of any such order; or
       3. reasonably justifiable for restraining that person during any visit, which that person is permitted to make to any part of Swaziland in which, in consequence of that order, the presence of that person would otherwise be unlawful.
2. A person who is arrested or detained shall be informed as soon as reasonably practicable, in a language which that person understands, of the reasons for the arrest or detention and of the right of that person to a legal representative chosen by that person.
3. A person who is arrested or detained –
   1. for the purpose of bringing that person before a court in execution of the order of a court; or
   2. upon reasonable suspicion of that person having committed, or being about to commit, a criminal offence,

   shall, unless sooner released, be brought without undue delay before a court.

4. Where a person arrested or detained pursuant to the provisions of subsection (3), is not brought before a court within forty-eight hours of the arrest or detention, the burden of proving that the provisions of subsection (3) have been complied with shall rest upon any person alleging that compliance.
5. Where a person is brought before a court in execution of the order of a court in any proceedings or upon any suspicion of that person having committed or being about to commit an offence, that person shall not be further held in custody in connection with those proceedings or that offence save upon the order of a court.
6. Where a person is arrested or detained -
   1. the next-of-kin of that person shall, at the request of that person, be informed as soon as practicable of the arrest or detention and place of the arrest or detention.
   2. the next-of-kin, legal representative and personal doctor of that person shall be allowed reasonable access and confidentiality to that person; and
   3. that person shall be allowed reasonable access to medical treatment including, at the request and at the cost of that person, access to private medical treatment.
7. Right to pre-trial release
   If a person is arrested or detained as mentioned in subsection (3) (b) then, without prejudice to any further proceedings that may be brought against that person, that person shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that that person appears at a later date for trial or for proceedings preliminary to trial.
8. Protection from false imprisonment
   A person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person or from any other person or authority on whose behalf that other person was acting.
9. Where a person is convicted and sentenced to a term of imprisonment for an offence, any period that person has spent in lawful custody in respect of that offence before the completion of the trial of that person shall be taken into account in imposing the term of imprisonment.

17. Protection from slavery and forced labour

1. A person shall not be held in slavery or servitude.
2. A person shall not be required to perform forced labour.
3. For the purposes of this section, the expression “forced labour” does not include any labour –
   1. required in consequence of the sentence or order of a court;
   2. required of any person while that person is lawfully detained which, though not required in consequence of the sentence or order of the court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which that person is detained;
   3. required of a member of a disciplined force in pursuance of the duties of that member or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of that service;
   4. required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of that labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
   5. reasonably required as part of reasonable and normal parental, cultural, communal or other civic obligations, unless it is repugnant to the general principles of humanity.

18. Protection from inhuman or degrading treatment

1. Human dignity
   The dignity of every person is inviolable.
2. Prohibition of torture, Prohibition of cruel treatment
   A person shall not be subjected to torture or to inhuman or degrading treatment or punishment.

19. Protection from deprivation of property

1. Right to own property
   A person has a right to own property either alone or in association with others.
2. Protection from expropriation
   A person shall not be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied -
   1. the taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health;
   2. the compulsory taking of possession or acquisition of the property is made under a law which makes provision for -
      1. prompt payment of fair and adequate compensation; and
      2. a right of access to a court of law by any person who has an interest in or right over the property;
   3. the taking of possession or the acquisition is made under a court order.

20. Equality before the law

1. All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
2. For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability.
3. For the purposes of this section, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or disability.
4. Subject to the provisions of subsection (5) Parliament shall not be competent to enact a law that is discriminatory either of itself or in its effect.
5. Nothing in this section shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalances in society.

21. Right to fair hearing

1. Right to speedy trial, Right to public trial, Right to fair trial
   In the determination of civil rights and obligations or any criminal charge a person shall be given a fair and speedy public hearing within a reasonable time by an independent and impartial court or adjudicating authority established by law.
2. Right to counsel
   A person who is charged with a criminal offence shall be-
   1. Presumption of innocence in trials
      presumed to be innocent until that person is proved or has pleaded guilty;
   2. informed as soon as reasonably practicable, in a language which that person understands and in sufficient detail, of the nature of the offence or charge;
   3. Right to counsel
      entitled to legal representation at the expense of the government in the case of any offence which carries a sentence of death or imprisonment for life;
   4. given adequate time and facilities for the preparation of the defence;
   5. permitted to present a defence before the court either directly or through a legal representative chosen by that person;
   6. Right to examine evidence/witnesses
      afforded facilities to examine in person or by a legal representative the witnesses called by the prosecution and to obtain the attendance of witnesses to testify on behalf of that person on the same conditions as those applying to witnesses called by the prosecution; and
   7. Trial in native language of accused
      permitted to have, without payment, the assistance of an interpreter if that person cannot understand the language used at the trial.
3. Except with the free consent of the person concerned and for purposes of subsection (2), the trial shall not take place in the absence of that person unless that person acts so as to render the continuance of the proceedings in the presence of that person impracticable and the court has ordered that person to be removed and the trial to proceed in the absence of that person.
4. Where a person is tried for any criminal offence, the accused person or person authorised by the accused person shall, if the accused person or person authorised by the accused person so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
5. Protection from ex post facto laws
   A person shall not be charged with or held to be guilty of a criminal offence on account of any act or omission that did not, at the time the act or omission took place, constitute an offence.
6. A penalty shall not be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
7. Prohibition of double jeopardy
   A person who has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which that person could have been convicted at the trial for the offence, save upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal.
8. A person shall not be tried for a criminal offence where that person has been pardoned for that offence.
9. Protection from self-incrimination
   A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.
10. Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.
11. All proceedings of every court or adjudicating authority shall be held in public.
12. Notwithstanding the provisions of subsection (11), a court or adjudicating authority -
    1. may, unless it is otherwise provided by Act of Parliament, exclude from its proceedings persons other than the parties and their legal representatives to such extent as the court may consider -
       1. in circumstances where publicity may unduly prejudice the interests of defence, public safety, public order, justice, or public morality or would prejudice the welfare of persons under the age of eighteen years or as the court may deem appropriate; or
       2. in interlocutory proceedings;
    2. shall, where it is so prescribed by a law that is reasonably required in the interests of defence, public safety, public order, justice, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of the persons concerned in the proceedings, exclude from its proceedings persons, other than the parties and their legal representatives, to such extent as is so prescribed.
13. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of -
    1. subsection (2) (a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
    2. subsection (2) (e) to the extent that the law in question prohibits legal representation before a Swazi Court or before any Swazi court hearing appeals from such a court;
    3. subsection (2) (f) to the extent that the law in question imposes conditions that should be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
    4. subsection (7) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying and convicting that member shall in sentencing that member to any punishment take into account any punishment awarded under that disciplinary law.
14. In the case of a person who is held in lawful detention, the provisions of subsections (1), (2) (e) and (f) and (3) shall not apply in relation to the trial of that person for a criminal offence under the law regulating the discipline of persons held in such detention.
15. In this section “criminal offence” means a criminal offence under the law of Swaziland, and “proceedings” in relation to a court or adjudicating authority includes the announcement of the decision of the court or adjudicating authority.

22. Protection against arbitrary search or entry

1. A person shall not be subjected –
   1. to the search of the person or the property of that person;
   2. to the entry by others on the premises of that person;
   3. to the search of the private communications of that person,

   except with the free consent of that person first obtained.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that -
   1. is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
   2. is reasonably required for the purpose of promoting the rights or freedoms of other persons;
   3. authorises an officer or agent of the Government or of a local government authority, or of a body corporate established by law for public purposes, to enter on the premises of any person in order to inspect those premises or anything on those premises for the purposes of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority, or body corporate as the case may be;
   4. authorises, for the purposes of enforcing the judgement or order of a court in any civil proceedings, the entry upon any premises by order of a court,

   except so far as, in respect of paragraph (c) or (d) that provision or, as the case may be, the thing done under the authority of that Government, local authority or body corporate is shown not to be reasonably justifiable in a democratic society.

23. Protection of freedom of conscience or religion

1. A person has a right to freedom of thought, conscience or religion.
2. Except with the free consent of that person, a person shall not be hindered in the enjoyment of the freedom of conscience, and for the purposes of this section freedom of conscience includes freedom of thought and of religion, freedom to change religion or belief, and freedom of worship either alone or in community with others.
3. A religious community is entitled to establish and maintain places of education and to manage any place of education which that community wholly maintains, and that community may not be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which that community wholly maintains or in the course of any education which that community otherwise provides.
4. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -
   1. that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or
   2. that is reasonably required for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of members of any other religion or belief.

24. Protection of freedom of expression

1. Freedom of expression
   A person has a right of freedom of expression and opinion.
2. A person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of expression, which includes the freedom of the press and other media, that is to say -
   1. freedom to hold opinions without interference;
   2. freedom to receive ideas and information without interference;
   3. freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons); and
   4. freedom from interference with the correspondence of that person.
3. Television
   Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -
   1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
   2. that is reasonably required for the purpose of –
      1. protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings;
      2. preventing the disclosure of information received in confidence;
      3. maintaining the authority and independence of the courts; or
      4. regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television or any other medium of communication; or
   3. that imposes reasonable restrictions upon public officers,

   except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in a democratic society.

25. Protection of freedom of assembly and association

1. A person has the right to freedom of peaceful assembly and association.
2. A person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of peaceful assembly and association, that is to say, the right to assemble peacefully and associate freely with other persons for the promotion or protection of the interests of that person.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -
   1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
   2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
   3. that imposes reasonable restrictions upon public officers,

   except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in a democratic society.

4. Without prejudice to the generality of subsection (2), nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -
   1. for the registration of trade unions, employers organisations, companies, partnerships or co-operative societies and other associations including provision relating to the procedure for registration, prescribing qualifications for registration and authorising refusal of registration on the grounds that the prescribed qualifications are not fulfilled; or
   2. for prohibiting or restricting the performance of any function or the carrying on of any business by any such association as is mentioned in paragraph (a) which is not registered.
5. A person shall not be compelled to join or belong to an association.

26. Protection of freedom of movement

1. Freedom of movement
   A person shall not be deprived of the freedom of movement, that is to say, the right to move freely throughout Swaziland, the right to reside in any part of Swaziland, the right to enter Swaziland, the right to leave Swaziland and immunity from expulsion from Swaziland.
2. Any restriction on the freedom of movement of a person or residence that is involved in the lawful detention of that person shall not be held to be inconsistent with or in contravention of this section.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -
   1. for the imposition of restrictions on the movement or residence within Swaziland of any person or on the right of any person to leave Swaziland that are reasonably required in the interests of defence, public safety or public order;
   2. for the imposition of restrictions on the movement or residence within Swaziland of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health, and except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in a democratic society;
   3. Extradition procedure
      for the imposition of restrictions, by order of a court, on the movement or residence within Swaziland of any person or on the right of any person to leave Swaziland either in consequence of having been found guilty of criminal offence under the law of Swaziland or for the purpose of ensuring the appearance of that person before a court at a later date for the trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to the extradition or lawful removal from Swaziland of that person;
   4. for the imposition of restrictions on the freedom of entry or movement of any person who is not a citizen of Swaziland;
   5. for the imposition of restrictions on the movement or residence within Swaziland of any person who holds or is acting in any public office;
   6. for the removal of a person from Swaziland to be tried or punished in some other country for criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of Swaziland of which that person has been convicted; or
   7. for the imposition of restrictions on the right of any person to leave Swaziland that are reasonably required in order to secure the fulfilment of any obligation imposed on that person by law.
4. If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) so requests at any time during the period of that restriction not earlier than three months after the order imposing that restriction was made or three months after he last made such a request, as the case may be, the case of that person shall be reviewed by the Commission on Human Rights and Public Administration.
5. On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of continuing that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.
6. Nothing contained in or done under the authority of any provision of Swazi law and custom shall be held to be inconsistent with or in contravention of this section to the extent that that provision authorises the imposition of restrictions upon the freedom of any person to reside in any part of Swaziland.

27. Rights and protection of the family

1. Men and women of marriageable age have a right to marry and found a family.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental unit of society and is entitled to protection by the State.
4. State support for children
   Motherhood and childhood are entitled to special care and assistance by society and the State.
5. Society and the State have the duty to preserve and sustain the harmonious development, cohesion and respect for the family and family values.
6. State support for the elderly
   Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of the needy and the elderly.

28. Rights and freedoms of women

1. Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
2. Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.
3. A woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed.

29. Rights of the child

1. A child has the right to be protected from engaging in work that constitutes a threat to the health, education or development of that child.
2. A child shall not be subjected to abuse or torture or other cruel inhuman and degrading treatment or punishment subject to lawful and moderate chastisement for purposes of correction.
3. Rights or duties of parents
   The child has the right to be properly cared for and brought up by parents or other lawful authority in place of parents.
4. Rights or duties of parents
   Children whether born in or out of wedlock shall enjoy the same protection and rights.
5. Rights or duties of parents
   Children have the duty to respect their parents at all times and to maintain those parents in case of need.
6. Every Swazi child shall within three years of the commencement of this Constitution have the right to free education in public schools at least up to the end of primary school, beginning with the first grade.
7. Parliament shall enact laws necessary to ensure that -
   1. Rights or duties of parents
      a child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law;
   2. a child is entitled to reasonable provision out of the estate of its parents;
   3. Rights or duties of parents
      parents undertake their natural right and obligation of care, maintenance and proper upbringing of their children; and
   4. children receive special protection against exposure to physical and moral hazards within and outside the family.

30. Rights of persons with disabilities

1. Human dignity
   Persons with disabilities have a right to respect and human dignity and the Government and society shall take appropriate measures to ensure that those persons realise their full mental and physical potential.
2. Parliament shall enact laws for the protection of persons with disabilities so as to enable those persons to enjoy productive and fulfilling lives.

31. Abolition of the status of illegitimacy

32. Rights of workers

1. Right to establish a business, Right to choose occupation, Right to work
   A person has the right to practise a profession and to carry on any lawful occupation, trade or business.
2. A worker has a right to –
   1. Right to join trade unions
      freely form, join or not to join a trade union for the promotion and protection of the economic interests of that worker; and
   2. collective bargaining and representation.
3. The employer of a female worker shall accord that worker protection before and after child birth in accordance with law.
4. Parliament shall enact laws to -
   1. Right to safe work environment
      provide for the right of persons to work under satisfactory, safe and healthy conditions;
   2. Right to just remuneration
      ensure equal payment for equal work without discrimination;
   3. Right to rest and leisure
      ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay as well as remuneration for public holidays; and
   4. protect employees from victimisation and unfair dismissal or treatment.

33. Right to administrative justice

1. A person appearing before any administrative authority has a right to be heard and to be treated justly and fairly in accordance with the requirements imposed by law including the requirements of fundamental justice or fairness and has a right to apply to a court of law in respect of any decision taken against that person with which that person is aggrieved.
2. A person appearing before any administrative authority has a right to be given reasons in writing for the decision of that authority.

34. Property rights of spouses

1. Provision for civil marriage
   A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
2. Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife.

35. Enforcement of protective provisions

1. Where a person alleges that any of the foregoing provisions of this Chapter has been, is being, or is likely to be, contravened in relation to that person or a group of which that person is a member (or, in the case of a person who is detained, where any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction –
   1. to hear and determine any application made in pursuance of subsection (1);
   2. to determine any question which is referred to it in pursuance of subsection (3);

   and may make such orders, issue such writs and make such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of this Chapter.

3. If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of this Chapter, the person presiding in that court may, and shall where a party to the proceedings so requests, stay the proceedings and refer the question to the High Court unless, in the judgement of that person, which shall be final, the raising of the question is merely frivolous or vexatious.
4. Where any question is referred to the High Court in pursuance of subsection (3) the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Supreme Court, in accordance with the decision of the Supreme Court.
5. An appeal shall not lie, without the leave of the Supreme Court, from any determination by the High Court that an application made in pursuance of subsection (1) is merely frivolous or vexatious.
6. Provision may be made by or under an Act of Parliament for conferring upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or expedient for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
7. The Chief Justice may make rules for purposes of this section with respect to the practice and procedure of the High Court (including rules with respect to the time within which applications to that court may be made).

36. Declaration of emergency

1. The king may, on the advice of the Prime Minister, by proclamation which shall be published in the Gazette, declare that a state of emergency exists in Swaziland or any part of Swaziland for the purposes of this Chapter.
2. The provisions of subsection (1) shall not apply and a proclamation shall not be issued under that subsection and where issued that proclamation shall not be effective in law unless -
   1. Swaziland is at war or circumstances have arisen making imminent a state of war between Swaziland and a foreign State;
   2. there is in Swaziland a natural disaster or imminent threat of a natural disaster; or
   3. there is action taken or immediately threatened by a person or body of persons of such a nature or on so extensive a scale as to be likely to endanger the public safety or to deprive the community or a significant part of that community of supplies or services essential to the life of the community.
3. Copies of the Gazette containing the proclamation of a state of emergency shall as soon as practicable and at any rate not later than seven days from date of publication of that proclamation be laid before Parliament by the Prime Minister.
4. A declaration under subsection (1) if not sooner revoked, shall cease to have effect -
   1. in the case of a declaration made when Parliament is sitting or has been summoned to meet within three days, at the expiration of a period of seven days beginning with the date of publication of the declaration;
   2. in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration,

   unless, before the expiration of that period, the declaration is approved by a resolution passed by a two-thirds majority at a joint sitting of all the members of the Senate and the House.

5. Subject to the provisions of subsection (12), the joint sitting referred to in subsection (4) shall not dissolve but only be adjourned to be reconvened from time to time by the President of the Senate or the Speaker of the House until the emergency is ended.
6. A declaration approved by a resolution passed at a joint sitting under subsection (4) shall continue in force until the expiration of a period of three months beginning with the date upon which that declaration was so approved or until such earlier date as may be specified in the resolution.
7. Notwithstanding the provisions of subsection (6), the declaration may be extended from time to time for periods of not more than three months at a time by a resolution passed by a three-fifths majority at a joint sitting of all the members of Senate and the House.
8. Where a person is detained or restricted by virtue of a power exercised in the absolute discretion of any authority and conferred by any such law as is referred to in section 38(1), the following shall apply, that is to say -
   1. that person shall, as soon as reasonably practicable and in any case not more than seventy two hours after the detention or restriction, be furnished with a statement in writing in a language that the person understands specifying in sufficient detail the grounds upon which that person is detained or restricted;
   2. not more than five days after detention or restriction, a notification shall be published in the Gazette stating that the person has been detained or restricted and giving particulars of the provision of law under which the detention or restriction is authorised;
   3. not more than fourteen days after detention or restriction and thereafter at intervals of three months, the case of that person shall be reviewed by the Commission on Human Rights and Public Administration;
   4. the detained or restricted person shall be afforded reasonable facilities to consult a legal practitioner who shall be permitted to make representations to the tribunal; and
   5. at the hearing before the tribunal, that person may appear in person or by legal representative.
9. On any review by a tribunal of the case of a detained or restricted person the tribunal may make recommendations concerning the necessity or expediency of continuing the detention or restriction to the authority by which the detention or restriction was ordered and the authority shall be obliged to act in accordance with any such recommendations.
10. Where movement of persons is restricted or curfew imposed, that restriction or curfew, unless lifted within twenty-one days, shall be reviewed by the tribunal appointed in terms of subsection (8) (c) at intervals of not more than one month and any person or group of persons affected by the restriction or curfew may make submissions to the tribunal.
11. Where the public emergency has been extended beyond twenty-one days, the Prime Minister shall make a report to a joint sitting of the Senate and the House stating among other things, the number of persons, if any, detained or restricted in terms of this section, the status of the emergency and the public reaction to the continued state of emergency.
12. The provisions of the First Schedule shall apply with respect to the summoning and procedure of the joint sitting of the Senate and the House.

37. Derogations during public emergency

1. Without prejudice to the power of Parliament to make provision in any situation or the provisions of section 38, nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of any provision of this Chapter to the extent that the law authorises the taking, during any period of public emergency, of measures that are reasonably justifiable for dealing with the situation that exists during that period.
2. A law that is passed during a period of public emergency and is expressly declared to have effect only during that period shall have effect in terms provided in the section of this Chapter under which that law is passed.

38. Prohibition of certain derogations

39. Saving clauses and interpretation

1. Save as may otherwise be expressly indicated, nothing contained in section 21 (2) or section 36 (8) shall be construed as entitling a person to legal representation at public expense.
2. Nothing contained in section 20, 24 or 25 shall be construed as precluding the inclusion in the terms and conditions of service of public officers of reasonable requirements as to the communication or association with other persons or as to the movement or residence of those officers.
3. In relation to a person who is a member of a disciplined force of Swaziland, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 15, 17, or 18.
4. Measures taken in relation to a person who is a member of a disciplined force of a country with which Swaziland is at war and any law, to the extent that it authorises the taking of any of those measures shall not be held to be inconsistent with or in contravention of any of the provisions of this Chapter.
5. The provisions of section 36 (8) do not apply in the case of a detained or restricted person who is a citizen of a country which is at war with Swaziland or has been engaged in hostilities against Swaziland in association with or on behalf of that country or otherwise assisting that country.
6. In this Chapter, unless the context otherwise requires –
   • “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

     “court” means a court of law having jurisdiction in Swaziland, but does not include, save in sections 15 and 17, a court established by a disciplinary law;

     “disciplinary law” means law regulating the discipline of any disciplined force;

     “disciplined force” means –

     1. an air, military or naval force;
     2. the Swaziland Royal Police Service;
     3. the Swaziland Correctional Services.

     “member” in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline;

     “period of public emergency” means any period so declared under section 36.

     “property” means property, movable or immovable, corporeal or incorporeal, of any description whatever including Swazi nation land and any right or interest lawfully held by any person in that property.

Part 1. Acquisition of Citizenship

Part 2. Loss of Citizenship

56. General objectives

1. The Directive Principles of State Policy contained in this Chapter shall guide all organs and agencies of the State, citizens, organisations and other bodies and persons in applying or interpreting this Constitution or any other law and in taking and implementing any policy decisions, for the establishment of a just, free and democratic society.
2. The Prime Minister shall report to Parliament at least once a year all the steps taken to ensure the realization of the directive principles contained in this Chapter.
3. . The provisions of sections 57 to 63 inclusive are not enforceable in any court or tribunal.
4. The distribution of powers and functions as well as checks and balances provided for in this Constitution among the various organs and institutions of Government shall be supported through the provision of adequate resources for their effective functioning at all levels.

57. Law enforcement objectives

1. Law enforcement officials shall at all times fulfil the duty imposed upon them by the law by serving the community and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession.
2. Human dignity
   In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.
3. Law enforcement officials may not inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances as a justification of torture or other cruel, inhuman or degrading treatment or punishment.
4. Law enforcement officials shall not commit any act of corruption. They shall also rigorously oppose and combat all those acts.

58. Political objectives

1. Swaziland shall be a democratic country dedicated to principles which empower and encourage the active participation of all citizens at all levels in their own governance.
2. In the conduct of public affairs the State shall be guided by the principle of decentralisation and devolution of governmental functions and powers to the people at appropriate levels where the people can best manage and direct their own affairs.
3. The State shall cultivate among all the people of Swaziland through various measures including civic education respect for fundamental human rights and freedoms and the dignity of the human person.
4. All associations aspiring to manage and direct public affairs shall conform to democratic principles in their internal organisations and practice.
5. All lawful measures shall be taken to expose, combat and eradicate corruption and abuse or misuse of power by those holding political and other public offices.
6. The State shall promote, among the people of Swaziland, the culture of political tolerance and all organs of State and people of Swaziland shall work towards the promotion of national unity, peace and stability.
7. The State shall provide a peaceful, secure and stable political environment which is necessary for economic development.

59. Economic objectives

1. Right to work, Economic plans
   The State shall take all necessary action to ensure that the national economy is managed in such a manner as to maximise the rate of economic development and to secure the maximum welfare, freedom and happiness of every person in Swaziland and to provide adequate means of livelihood and suitable employment and public assistance to the needy.
2. Right to just remuneration
   The State shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include -
   1. the guarantee of a fair and realistic remuneration for production and productivity in order to encourage continued production and higher productivity;
   2. affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy;
   3. ensuring that individuals and the private sector bear their fair share of social and national responsibilities including responsibilities to contribute to the overall development of the country;
   4. undertaking even and balanced development of all regions and in particular improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between the rural and urban areas; and
   5. the recognition that the most secure democracy is the one that assures the basic necessities of life for its people as a fundamental duty.
3. The State shall take appropriate measures to promote the development of agriculture and industry.
4. Foreign direct investment shall be encouraged subject to any law regulating investment.
5. The State shall afford equality of economic opportunity to all citizens and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of economic development.
6. The State shall endeavour to settle the “land issue” and the issue of land concessions expeditiously so as to enhance economic development and the unity of the Swazi people.

60. Social objectives

1. The State shall guarantee and respect institutions which are charged by the State with responsibility for protecting and promoting human rights and freedoms by providing those institutions with adequate resources to function effectively.
2. The State shall guarantee and respect the independence of non- governmental organisations which protect and promote human rights.
3. The State shall give the highest priority to the enactment of legislation for economic empowerment of citizens.
4. The State shall ensure gender balance and fair representation of marginalized groups in all constitutional and other bodies.
5. The State shall make reasonable provision for the welfare and maintenance of the aged and shall protect the family and recognise the significant role of the family in society.
6. Human dignity
   The State and society shall recognise the right of persons with disabilities to respect and human dignity.
7. The State shall promote recreation and shall ensure that adequate facilities for sports are provided throughout the country and that sports are provided as a means of fostering national integration, health and self-discipline as well as international friendship and understanding.
8. Free education, Compulsory education, Right to health care
   Without compromising quality the State shall promote free and compulsory basic education for all and shall take all practical measures to ensure the provision of basic health care services to the population.
9. The State shall institute an effective machinery for dealing with any hazard or disaster arising out of natural calamities or any situation resulting in general displacement of people or serious disruption of their normal life.
10. Right to culture
    The State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole.
11. The State shall endeavour to preserve and protect places of historical interest and artefacts and the environment.
12. All public offices shall be held in trust for the people and the State shall do everything to ensure transparency in the conduct of public affairs.

61. Foreign policy objectives

1. In its dealings with other nations, the Government shall –
   1. promote and protect the interests of Swaziland;
   2. seek the establishment of a just and equitable international economic and social order;
   3. International law
      promote respect for international law, treaty obligations and the settlement of international disputes by peaceful means;
   4. be opposed to all forms of domination, racism and other forms of oppression and exploitation.
2. Swaziland shall actively participate in international and regional organisations that stand for peace and for the well-being and progress of humanity.

62. Objectives on independence of the judiciary

1. The independence of the judiciary as enshrined in this Constitution or any other law shall be guaranteed by the State. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
2. The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
3. The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue is within its competence as defined by law.
4. There shall be no inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review in accordance with the law.
5. Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments, promotion or transfer for improper motives.
6. The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.

63. Duties of the citizen

64. Executive authority of Swaziland

1. The executive authority of Swaziland vests in the King as Head of State and shall be exercised in accordance with the provisions of this Constitution.
2. The King shall protect and defend this Constitution and all laws made under or continued in force by this Constitution.
3. Subject to the provisions of this Constitution, the King may exercise the executive authority either directly or through the Cabinet or a Minister.
4. The King in his capacity as Head of State has authority, in accordance with this Constitution or any other law, among other things to -
   1. assent to and sign bills;
   2. summon and dissolve Parliament;
   3. Foreign affairs representative
      receive foreign envoys and appoint diplomats;
   4. Power to pardon
      issue pardons, reprieves or commute sentences;
   5. declare a state of emergency;
   6. confer honours;
   7. establish any commission or vusela; and
   8. Referenda
      order a referendum.

65. Exercise of King’s functions

1. In the exercise of the functions under this Constitution or any other law the King shall act on the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, except where -
   1. any function under this Constitution is expressed (in whatever terms) to be exercisable by him acting in his discretion or on the advice or the recommendation of or after consultation with any other person or authority;
   2. any function conferred by any other law is expressed (in whatever terms) to be exercisable by him in his discretion; and
   3. the provisions of section 158(5), 159(5), 175(4) or paragraph 1(1) of the First Schedule apply.
2. Where, in terms of subsection (1), the Cabinet or a Minister gives advice to the King, the King may refer back that advice for further consideration by the Cabinet, and Cabinet shall meet within ten days to reconsider the advice as required by the King.
3. Where the King is required to exercise any function on the advice or recommendation of any person or authority, he shall exercise that function on that advice or recommendation, save that the King may before acting on the advice or recommendation, in his discretion, once refer back that advice or recommendation in whole or in part for reconsideration within ten days by the person or authority concerned.
4. Where the King is required by this Constitution to exercise any function after consultation with any person or authority, the King may or may not exercise that function following that consultation.

66. The Cabinet of Ministers

1. There shall be a Cabinet which shall consist of the Prime Minister, Deputy Prime Minister and such number of Ministers as the King, after consultations with the Prime Minister, may deem necessary for the purpose of administering and executing the functions of the Government.
2. The Prime Minister shall be the chairman of the Cabinet and leader of Government business in Parliament.

67. Appointment of Prime Minister and other Ministers

1. Head of government's role in the legislature, Minimum age of head of government, Head of government selection, Eligibility for head of government
   The King shall appoint the Prime Minister from among members of the House acting on recommendation of the King’s Advisory Council.
2. The King shall appoint Ministers from both chambers of Parliament on the recommendation of the Prime Minister.
3. At least half the number of Ministers shall be appointed from among the elected members of the House.

68. Vacation of office of Prime Minister or Minister

1. The office of the Prime Minister shall become vacant where –
   1. the King revokes the appointment for incompetence;
   2. the Prime Minister is declared an insolvent;
   3. the Prime Minister ceases to be a member of the House;
   4. the Prime Minister resigns from office;
   5. after a resolution of no confidence in the Prime Minister is passed by at least two thirds majority of all members of the House, the King removes the Prime Minister;
   6. the Prime Minister is removed from office for misbehaviour or inability to perform the functions of that office (whether arising from infirmity of body or mind); or
   7. the Prime Minister dies.
2. Where the King considers the question of removing the Prime Minister from office in terms of subsection (1) (f) -
   1. the King shall appoint a tribunal, which shall consist of a chairman who shall be the Chief Justice and two other reputable persons one of whom should have held the position of a Minister, Speaker of the House or President of the Senate;
   2. the tribunal shall enquire into the matter and report to the King whether or not to remove the Prime Minister from office for inability or misbehaviour.
3. Head of government term limits
   The Prime Minister shall not hold office for more than two consecutive terms.
4. Cabinet removal
   The office of a Minister shall become vacant where -
   1. the King, acting on the recommendation of the Prime Minister, revokes that appointment;
   2. the Minister is declared an insolvent;
   3. the Minister ceases to be a member of Parliament;
   4. the Minister resigns from office;
   5. after a resolution of no confidence is passed by at least two thirds majority of all the members of the House on the Minister, the King removes the Minister;
   6. the Minister dies; or
   7. the Minister is removed from office for misbehaviour or inability to perform the functions of that office.
5. Where a resolution of no confidence is passed on the Cabinet by a three- fifths majority of all members of the House the King shall dissolve the Cabinet.
6. A Minister shall not be in office for more than two consecutive terms.
7. For purposes of this section -
   1. Limits on removing head of government
      a vote of no confidence in the Cabinet, Prime Minister or Minister shall not be moved more than once in a session;
   2. any period served in an office within the life of Parliament constitutes a “term of office”.

69. Responsibility of Cabinet

1. The Cabinet shall keep the King fully informed about the general conduct of the government of Swaziland and shall furnish the King with such information as the King may require in respect of any particular matter relating to the government of Swaziland
2. Cabinet removal
   The Cabinet shall be collectively responsible to Parliament for any advice given to the King by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of the office of Minister.
3. The Cabinet shall formulate and implement the policy of the Government in line with any national development strategy or plan and perform such other functions as may be conferred by this Constitution or any other law.

70. Assignment of responsibilities

71. Exercise of the Prime Minister’s functions during absence or illness

72. Exercise of Minister’s functions during absence or illness

73. Oaths of office

74. Secretary to Cabinet

1. There shall be a Secretary to the Cabinet who shall be the head of the public service and whose office shall be a public office.
2. The King, in appointing the Secretary to Cabinet, shall act on the advice of the Prime Minister after recommendation by the Civil Service Commission.
3. The Secretary to Cabinet shall, in addition to any other functions, which may be conferred by the Prime Minister or by any other law -
   1. be chief adviser to the Prime Minister on management systems, structures and organization of Ministries;
   2. review and monitor the overall performance of each Ministry in implementing government policies and programmes, including the discharge by the Principal Secretaries of their functions;
   3. have charge of Cabinet office and be responsible in accordance with the instructions given by the Prime Minister, for arranging the business and keeping the minutes of the Cabinet and for conveying decisions made in Cabinet to the appropriate authorities.

75. Direction of government departments

1. Where a Minister has been charged with the responsibility for any department of government, the Minister shall be responsible for the policy and general direction and control over such department.
2. Two or more government departments may be placed under the responsibility of one Minister.

76. Principal Secretaries

1. The King, shall appoint Principal Secretaries on a renewable five year contract on the advice of the Civil Service Commission.
2. Subject to the provisions of this Constitution, a Ministry or a department of the Government shall be under the supervision of a Principal Secretary whose office shall be a public office.

77. Attorney-General

1. There shall be an Attorney-General for Swaziland whose office shall be a public office and who shall be appointed by the King acting on the recommendation of the Minister responsible for Justice after consultation with the Judicial Service Commission.
2. A person shall qualify to be appointed Attorney-General where that person qualifies for appointment as a judge of the superior courts.
3. The Attorney-General shall –
   1. be the principal legal adviser to the Government;
   2. be ex-officio member of the Cabinet; and
   3. represent chiefs in their official capacity in legal proceedings.
4. The Attorney-General shall, whenever requested so to do, advise the King on any matter of law including any matter relating to any function vested in the King by this Constitution or any other law.
5. Without prejudice to the general functions under subsection (3), the functions of the Attorney-General shall be to -
   1. draft and sign all Government Bills to be presented to Parliament;
   2. draw or peruse agreements, contracts, treaties, conventions and documents, by whatever name called, to which the Government is a party or in respect of which the Government has an interest;
   3. represent the Government in courts or in any legal proceedings to which Government is a party;
   4. be available for consultations with the Director of Public Prosecutions in terms section 162 (7);
   5. assist Ministers in piloting bills in Parliament and provide guidance in legal matters to Parliament.
   6. perform such other functions as may be assigned to the Attorney-General by law.
6. The functions of the Attorney-General under subsection (5)(a), (b) (c), (e) and (f) may be exercised by the Attorney-General in person or by subordinate officers acting in accordance with the general or special instructions of the Attorney-General.
7. Subject to the other provisions of this Constitution, an agreement, contract, treaty, convention or document by whatever name called, to which Government is a party or in respect of which the Government has an interest, shall not be concluded without the advice of the Attorney-General (in person or by subordinate officers acting in accordance with the general or special instruction of the Attorney-General), except in such cases and subject to such conditions as Parliament may prescribe.
8. In the exercise of the functions vested in the Attorney-General by this Constitution, the Attorney-General shall not be subject to the direction or control of any other person or authority.
9. The Attorney-General shall be disciplined or removed from office by the King in terms of the recommendations following an inquiry by a tribunal consisting of a chairman recommended by the Chief Justice and two other members appointed by the King.

78. Prerogative of Mercy

1. The King may, in respect of a person sentenced to death or life imprisonment -
   1. grant a pardon, either free or subject to lawful conditions;
   2. grant to any person a respite, either indefinite or for a specified period;
   3. substitute a less severe form of punishment for any punishment imposed on any person for such an offence; or
   4. remit the whole or part of that sentence, penalty or forfeiture otherwise due to the Government on account of that offence.
2. In the exercise of the powers conferred upon him by subsection (1), the King shall act on the advice of a Committee on the Prerogative of Mercy made up of two persons appointed by the King drawn from the King’s Advisory Council, the Attorney-General, the Minister responsible for justice and a suitably qualified medical practitioner recommended by the Minister responsible for health and appointed by the King..
3. The King shall designate one of the members of the Committee as chairman.
4. The Committee may act notwithstanding any vacancy in its membership or the absence of any member, and the validity of the transaction of business by the Committee shall not be affected by the fact that some person who was not entitled to do so took part in the proceedings.
5. Whenever any person has been sentenced to death by any court in Swaziland other than a court-martial, the chairman shall cause a report on the case by the judge who presided at the trial (or, if a report cannot be obtained from that judge, a report on the case by the Chief Justice), together with such other information derived from the record of the case or elsewhere as the chairman may require, to be taken into consideration at the meeting of the Committee so that the Committee may advise the King whether or not to exercise the powers in terms of subsection (1).
6. The provisions of this section shall not apply in relation to any conviction by a court established under a law of a country other than Swaziland that has jurisdiction in Swaziland in pursuance of arrangements made between the Government of Swaziland and another Government or an international organization relating to the presence in Swaziland of members of the armed forces of that other country or in relation to any punishment imposed in respect of any such conviction or any penalty or forfeiture resulting from any such conviction.
7. Nothing in this section shall be construed as precluding an Act of Parliament from making provision of general application under which any sentence of imprisonment shall be reduced where such conditions (being conditions relating to good behaviour by the person on whom the sentence was imposed whilst serving that sentence) as are prescribed are fulfilled.

Part 1a. System of Government

Part 1b. Representation of the people

Part 1c. Elections and Boundaries Commission

Part 2. Composition of Parliament

Part 3a. Legislation in Parliament

Part 3b. Procedure in Parliament

Part 3c. Parliamentary Service

Part 4. Summoning, prorogation and dissolution

Part 1. General

Part 2a. The Supreme Court

Part 2b. The High Court

Part 3. Appointment, removal, etc of Superior Court Justices

Part 4. Judicial Service Commission

Part 1. Director of Public Prosecutions

Part 2. Commission on Human Rights and Public Administration

Part 1. Service Commissions

Part 2. Civil Service Commission

Part 3. Miscellaneous

198. Consolidated Fund

1. There shall be a Consolidated Fund into which, subject to the provisions of this Constitution, shall be paid -
   1. all revenue or other monies raised or received for the purposes or on behalf of the Government; and
   2. any other monies raised or received in trust for, or on behalf of, the Government.
2. The revenues or other monies referred to in subsection (1) shall not include revenues or other moneys -
   1. that are payable in terms of or under this Constitution or any other law into some other fund established for a specific purpose ; or
   2. that may, in terms of or under any law, be retained by the department that received them for the purposes of defraying the expenses of that department.

199. Withdrawals from Consolidated Fund or Public Fund

1. Monies shall not be withdrawn from the Consolidated Fund except-
   1. to meet expenditure that is charged upon the Fund in terms of this Constitution or any other law in force in Swaziland; or
   2. where the issue of those monies has been authorised by,
      1. an Appropriation Act; or
      2. a supplementary estimate approved by a resolution of the House.
2. Monies shall not be withdrawn from any public fund of Swaziland other than the Consolidated Fund or any Contingencies Fund unless the withdrawal of those moneys has been authorised by an Act of Parliament.
3. Monies shall not be withdrawn from the Consolidated Fund except in the manner prescribed by an Act of Parliament.
4. For the purposes of this section –
   1. the deposit with a bank of any monies forming part of the Consolidated Fund;
   2. the investment of any monies forming part of the Consolidated Fund in the securities in which, under any law of Swaziland , trustees are authorised to invest;
   3. the making of advances to such extent and circumstances as may be prescribed,

   are not to be regarded as withdrawal of those monies from the Fund.

200. Appropriation Act

1. The Minister responsible for finance shall cause to be prepared and laid before both chambers of Parliament, before or not later than sixty days after the commencement of each financial year, estimates of the revenues and expenditure of Swaziland for that year.
2. The heads of expenditure contained in the estimates for a financial year (other than expenditure charged upon the Consolidated Fund in terms of this Constitution or any other law) shall be included in a bill to be known as an Appropriation Bill which shall be introduced in the House to provide for the withdrawal from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified in the bill.

201. Supplementary estimates

1. Where in any financial year it is found that–
   1. the amount appropriated by the Appropriation Act for the purposes included in any head of expenditure is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated in terms of the Appropriation Act; or
   2. moneys have been expended on any head of expenditure in excess of the amount appropriated for the purposes included in that head in terms of the Appropriation Act or for a purpose for which no amount has been appropriated in terms of the Appropriation Act,

   a supplementary estimate showing the sums required or spent shall be laid before the House and shall be included in a motion or motions seeking approval for the supplementary expenditure in such a manner as the House shall prescribe.

2. Where a supplementary estimate is deemed desirable a final supplementary Appropriation Bill shall be introduced in the House, not later than the end of the financial year to which the estimate relates.

202. Expenditure in advance of appropriation

1. Where the Appropriation Act in respect of any financial year has not come into operation by the beginning of that financial year, the Minister responsible for finance may, where the Minister considers that there is an urgent need to incur the expenditure and after obtaining the approval by the House, authorise the withdrawal of moneys from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the Appropriation Act, whichever is the earlier.
2. The expenditure authorised under sub-section (1) shall not exceed one quarter of the amount authorised for that service in the preceding year.

203. Contingencies Fund

1. There shall be a Contingencies Fund into which shall be paid moneys voted by Parliament or obtained pursuant to authority under an Act of Parliament and from which advances may be authorised by the Finance Committee established in terms of this Constitution, whenever this Committee is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that Fund to meet that need.
2. Where any advance is made from the Contingencies Fund, a supplementary estimate shall be laid before the House, and a bill or motion shall be introduced in that House, as soon as possible, for the purpose of replacing the amount so advanced.

204. Power to borrow or lend

1. Subject to the provisions of this Constitution, the Government, through the Minister responsible for finance, may borrow or raise moneys from any reputable source.
2. The Minister responsible for finance shall not borrow, guarantee or raise a loan on behalf of Government or any other public institution, authority or person except as authorised by or under an Act of Parliament.
3. An Act of Parliament made under subsection (2) shall provide, among other things, that -
   1. the terms and conditions of the loan shall be laid before Parliament and shall not come into operation unless they have been approved by a resolution of Parliament; and
   2. any moneys received in respect of the loan referred to in paragraph (a) shall be paid into the Consolidated Fund and form part of that Fund or into some other public fund existing or created for the purpose of the loan.
4. The House may, by resolution, authorise the Government to enter into an agreement for the giving of a loan or a grant out of any public fund or public account.
5. An agreement entered into in terms of subsection (4) shall be laid before the House and shall not come into operation unless it has been approved by the House by resolution.
6. For the purposes of this section, the expression “loan” includes any money lent or given to or by the Government on condition of return or repayment and any other form of borrowing or lending in respect of which -
   1. moneys from the Consolidated Fund or any other public fund may be used for payment or repayment; or
   2. moneys from any fund by whatever name called, established for the purposes of payment or repayment whether in whole or in part and whether directly or indirectly, may be used for payment or repayment.
7. Parliament may by law exempt any categories of loans from the provisions of subsections (2) and (3) subject to such conditions as Parliament may prescribe.

205. Public debt

1. All debt charges for which Swaziland is liable shall be a charge on and paid out of the Consolidated Fund.
2. For the purposes of this section “debt charges” includes interest on that debt, sinking fund charges, the repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the revenues of Swaziland or the Consolidated Fund and on the service and redemption of debt thereby created.

206. The Central Bank

1. There shall be the Central Bank of Swaziland consisting of the Governor and such other staff and having such powers and functions as Parliament shall determine.
2. The Central Bank shall, among other things-
   1. be the only authority to issue the currency of the Kingdom;
   2. be the sole custodian of public funds both in and outside Swaziland with power, by appropriate instrument, to delegate such custody of funds as may be specified in that instrument;
   3. maintain an adequate external reserve for Swaziland;
   4. supervise the operations of financial institutions in the Kingdom;
   5. issue securities on its own accounts;
   6. promote monetary stability and a sound financial structure in Swaziland; and
   7. foster financial conditions supportive of an orderly balanced economic development of Swaziland.
3. The powers of the Bank shall vest in a Board of Directors appointed by the Minister responsible for finance of which the Governor and the Deputy Governor shall be members.
4. The Governor shall be appointed by the King on the advice of the Prime Minister based on the recommendation of the Board.
5. The Bank shall be independent and not subject to the control or direction of any person or authority save as may be necessary for the due performance of its functions.
6. The Bank shall have power to disallow any transaction, investment or transfer of any foreign exchange both in and outside Swaziland which is contrary to the law or which may be prejudicial to the monetary policy or price stability of Swaziland when performing its functions under this Constitution or any other law.
7. Parliament shall make law for the proper organisation and efficient operation of the Bank and for other matters incidental to the operation of the Bank.

207. Auditor-General

1. There is established the office of Auditor-General, which is a public office.
2. The Auditor-General shall be appointed by the King acting on the advice of the Minister responsible for finance after recommendation by the Civil Service Commission.
3. The public accounts of Swaziland and of all offices, courts and authorities of the Government shall be audited and reported on by the Auditor-General and for that purpose the Auditor-General or any other person authorised by the Auditor-General shall have access to all books, records, reports and other documents relating to those accounts.
4. Notwithstanding the provisions of subsection (3), where it is provided by any law, in the case of anybody corporate directly established by law, the accounts of that body corporate shall be audited and reported on by such person as may be specified by that law.
5. The Auditor-General shall submit reports to the Minister responsible for finance, who shall cause those reports to be laid before both chambers of Parliament.
6. The Auditor-General shall perform such other functions as may be conferred by law.
7. The Auditor-General shall, in the exercise of the powers of that office, be independent and not be subject to the direction or control of any person or authority.
8. The Auditor-General shall, in the performance of the functions under this Constitution or any other law, have power to disallow any item of expenditure which is contrary to law and to surcharge the person responsible for incurring or authorising that expenditure or loss.
9. The Auditor-General may only be removed from office on the same grounds and in the like manner as a judge of the superior court in terms of section 158 subject to the substitution of the Chief Justice and the Judicial Service Commission with the Chairman and the Civil Service Commission respectively.

208. Remuneration of certain officers

1. There shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed.
2. The salaries and any allowances payable to the holders of the office to which this section applies shall be a charge on and paid out of the Consolidated Fund.
3. The salary and the terms of office of the holder of any office to which this section applies shall not be altered to the disadvantage of the holder of that office after that holder has been appointed to that office.
4. This section applies to the office of judge of the superior courts, appointed member of a Board, Commission or service commission, Attorney-General, Director of Public Prosecutions, Auditor-General, Secretary to Cabinet and such other office as may be prescribed.

209. The finance and public accounts committees

1. There shall be established in the House two sessional committees, namely-
   1. the Finance Committee, and
   2. the Public Accounts Committee.
2. The duties of the Finance Committee shall be as regulated by the Standing Orders of the House and shall include –
   1. considering and reporting to the House on any supplementary estimate in terms of section 201; and
   2. considering and reporting to the House on any matter relating to public finance as the House may refer to the Committee.
3. The duties of the Public Accounts Committee, shall be regulated by the Standing Orders of the House and shall include the duty to examine and report to the House on the accounts of the Government tabled before the House in terms of section 208(5).
4. The provisions of section 129 shall apply in relation to the general powers, procedure and privileges of the two committees.

210. Declaration of land, minerals and water as national resource

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. Land

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. Guarantee of due process
   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.

212. Land Management Board

1. 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.
2. The members of the Board shall be appointed for a period of not more than five years and shall be eligible for re-appointment.
3. The allowances payable to the members of the Board shall be charged on the Consolidated Fund.
4. 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.
5. In performing its functions the Board shall be accountable to iNgwenyama.
6. Subject to the provisions of this section, the Board may regulate its own procedure.
7. 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

214. Minerals Management Board

1. 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.
2. INgwenyama shall appoint one of the persons referred in subsection (1) as Chairman of the Board.
3. 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.
4. The allowances payable to the members of the Board shall be charged on the Consolidated Fund.
5. 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.
6. 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.
7. Subject to the provisions of this section, the Board shall regulate its own procedure.

215. Water

216. Environment

1. Every person shall promote the protection of the environment for the present and future generations.
2. Urbanisation or industrialisation shall be undertaken with due respect for the environment.
3. 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

218. Local government

1. Parliament shall within five years of the commencement of this Constitution provide for the establishment of a single country-wide system of local government which is based on the tinkhundla system of government, hierarchically organised according to the volume or complexity of service rendered and integrated so as to avoid the urban/ rural dichotomy.
2. The primary objective of the tinkhundla – based system of government is to bring government closer to the people so that the people at sub-national or local community level progressively take control of their own affairs and govern themselves.
3. Local government shall be organised and administered, as far as practicable, through democratically established regional and sub-regional councils or committees.

219. Local government areas

1. Parliament shall provide for the division of Swaziland into as many local government areas as the Elections and Boundaries Commission may from time to time recommend.
2. In defining local government areas the Commission shall -
   1. take into account existing chiefdom areas;
   2. redraw tinkhundla boundaries as may be necessary;
   3. integrate urban and rural areas where necessary;
   4. take into consideration .
      1. the population, the physical size, the geographical features, the economic resources, the existing or planned infrastructure of each area;
      2. the possibilities of facilitating the most rational management and use of the resources and infrastructure of the area,

      with a view to ensuring that a local government area is, or has the potential for becoming, economically sustainable.

3. The boundaries of chiefdom areas may be changed subject to section 115.
4. A town or city may be divided into two or more areas of local government.
5. Local government areas may be rural or urban or partly rural and partly urban.
6. Subject to the recommendations of the Commission, Parliament may abolish a local government or alter the boundaries of a local government area.

220. Administration of local government areas

1. A local government area shall be administered by an elected or appointed, or partly elected and partly appointed council or committee as Parliament may prescribe.
2. Subject to re-election or re-appointment, the term of office of a council or committee shall be similar to that for members of Parliament.

221. Duties of a local government authority

1. The primary duty of a local government authority is to ensure, in accordance with the law, the efficient management and development of the area under its jurisdiction in consultation with local traditional authority where applicable.
2. A local government authority may maintain and protect life, public property, improve working and living conditions, promote the social and cultural life of the people, raise the level of civic consciousness, preserve law and order within its area and generally preserve the rights of the people in that area.
3. Depending on its level of development, a local government authority shall determine, plan, initiate and execute policies, taking into account national policy or development plan.
4. A local government authority shall organise and promote popular participation and cooperation in respect of political, economic, cultural and social life of the area under its control.
5. A local government authority may oversee the performance of persons employed by the Government services or implementation of Government projects in the area of that local government authority.

222. Power to raise revenue, etc

223. Subvention of local governments

224. Integration of development programmes

225. Management of local government affairs

1. There shall be designated a ministry to be responsible for the management of local government affairs.
2. For effective management, the affairs of the ministry shall be divided along the four Regions headed by regional administrators in terms of this Constitution.
3. Each Region shall be divided into various local government areas as provided under sections 80 and 219.
4. For purposes of this chapter, chiefs shall be under the general oversight of the ministry for local government.

226. Constitution of local government authorities

227. Traditional institutions

1. The Swazi traditional government is administered according to Swazi law and custom and the traditional institutions that are pillars of the monarchy as set out in subsection (2).
2. The following Swazi traditional institutions are hereby guaranteed and protected -
   1. iNgwenyama;
   2. iNdlovukazi;
   3. Ligunqa (Princes of the Realm);
   4. Liqoqo
   5. Sibaya;
   6. (Tikhulu) Chiefs;
   7. Umntfwanenkhosi Lomkhulu (Senior Prince);
   8. Tindvuna (Royal Governors).

228. INgwenyama

1. INgwenyama is the traditional head of the Swazi State and is chosen by virtue of the rank and character of his mother in accordance with Swazi law and custom.
2. INgwenyama enjoys the same legal protection and immunity from legal suit or process as the King.
3. Subject to an elaborate system of advisory councils, the functions of iNgwenyama under this chapter shall be regulated by Swazi law and custom.

229. The Ndlovukazi

1. The Ndlovukazi (Queen Mother) is traditionally the mother of the iNgwenyama and the symbolic Grandmother of the Nation.
2. The Ndlovukazi is selected and appointed in accordance with Swazi law and custom.
3. The official residence of the Ndlovukazi is the legislative and ceremonial capital of the nation and the arena of the Incwala and Umhlanga.
4. The Ndlovukazi has such powers and performs such functions as Swazi law and custom assigns to her.
5. Without derogating from the generality of subsection (4) the Ndlovukazi exercises a moderating advisory role on iNgwenyama.
6. The Ndlovukazi shall be immune from-
   1. suit and legal process in any civil case in respect of all things done or omitted to be done by her in her private capacity; and
   2. being summoned to appear as a witness in any civil or criminal proceedings.
7. The Ndlovukazi shall be immune from taxation in respect of emoluments or any income accruing to her in her private capacity and all property owned by her in her private capacity.

230. Ligunqa

1. The Ligunqa (Bantfwabenkhosi) are princes of the realm, the paternal uncles and half-brothers of iNgwenyama who exercise functions of a sikhulu (chief) over some area and whose mothers were given liphakelo (authority to oversee and exercise jurisdiction over an area accorded by iNgwenyama in accordance with Swazi law and custom).
2. Ligunqa ranks above liqoqo and is convened by iNgwenyama or the Ndlovukazi as Queen Regent.
3. The membership of ligunqa includes the indvuna referred to in Section 235(2) and some members of Emabekankhosi (king-makers) determined in accordance with Swazi law and custom.
4. INgwenyama, from time to time, consults all or some of the members of ligunqa on important or sensitive matters or disputes including matters of succession connected with the monarchy.
5. Ligunqa will also advise iNgwenyama, the Ndlovukazi as Queen Regent where that advice is necessary in the national interest to ensure the stability and continuity of the monarchy.

231. Liqoqo

1. The Liqoqo is an advisory council whose members are appointed by iNgwenyama from the membership of bantfwabenkhosi (emalangeni), tikhulu (chiefs) and persons who have distinguished themselves in the service of the Nation.
2. Where necessary the members of liqoqo may be appointed by the Ndlovukazi as Queen Regent.
3. Liqoqo traditionally advises iNgwenyama on disputes in connection with the selection of tikhulu (chiefs) boundaries of chiefdoms and any other matter iNgwenyama may assign for their advice in confidence.
4. A judicial officer, member of Parliament or of a service commission shall not at the same time qualify to be a member of liqoqo.
5. A member of liqoqo shall hold office for a period not exceeding five years and shall be eligible for re-appointment and shall vacate office where the member -
   1. dies;
   2. resigns; or
   3. is removed from office by iNgwenyama or Indlovukazi as Queen Regent.
6. A member of liqoqo shall, before assuming office, take and subscribe the oath of allegiance and due execution of office set out in the Second Schedule.
7. Liqoqo is convened and traditionally presided over by iNgwenyama who may assign this responsibility to any person designated by him for that purpose.

232. Sibaya (the Swazi National Council)

1. The people through Sibaya constitute the highest policy and advisory council (Libandla) of the nation.
2. The Sibaya is the Swazi National Council constituted by Bantfwabenkhosi, the tikhulu of the realm and all adult citizens gathered at the official residence of the Ndlovukazi under the chairmanship of iNgwenyama who may delegate this function to any official.
3. Sibaya functions as the annual general meeting of the nation but may be convened at anytime to present the views of the nation on pressing and controversial national issues.

233. Tikhulu (Chiefs)

1. Chiefs are the footstool of iNgwenyama and iNgwenyama rules through the Chiefs.
2. The iNgwenyama may appoint any person to be chief over any area.
3. The general rule is that every umphakatsi (Chief’s residence) is headed by a Chief who is appointed by iNgwenyama after the Chief has been selected by the lusendvo (family council) and shall vacate office in like manner.
4. The position of a Chief as a local head of one or more areas is usually hereditary and is regulated by Swazi law and custom.
5. Unless the situation otherwise requires, a chief shall assume office at the age of eighteen years or so soon thereafter as the period of mourning comes to an end.
6. A Chief, as a symbol of unity and a father of the community, does not take part in partisan politics.
7. A Chief may be appointed to any public office for which the Chief may be otherwise qualified.
8. The powers and functions of chiefs are in accordance with Swazi law and custom or conferred by Parliament or iNgwenyama from time to time.
9. In the exercise of the functions and duties of his office a Chief enforces a custom, tradition, practice or usage which is just and not discriminatory.

234. Umntfwanenkhosi Lomkhulu (Senior Prince)

235. Tindvuna

1. Traditionally Swaziland has a number of tindvuna or governors in charge of the regiments and the royal villages.
2. The Indvuna of the Ndlovukazi’s residence is the first-amongst-equals or governor-general.
3. The position of an indvuna is not strictly hereditary even though appointment is made within a limited range of leading commoner families.
4. Tindvuna assist in the traditional government of the country by carrying out certain decisions and advising iNgwenyama or Ndlovukazi in various other respects.
5. Tindvuna hear cases, give judgments and advise on the temper of the nation, organise labour for the royal fields and ensure that the royal kraals and villages are periodically repaired.
6. Tindvuna also facilitate access to iNgwenyama or Ndlovukazi to those seeking royal audience.
7. The Tindvuna of the royal residences will normally have a small council to consult before taking a decision.

236. International relations

1. In dealing with other nations, Swaziland shall –
   1. promote and protect the interests of Swaziland;
   2. observe and promote the policy of non-interference in the internal affairs of other nations;
   3. promote the principle of peaceful settlement of international disputes;
   4. International organizations, Regional group(s)
      endeavour to uphold the principles, aims and ideals of
      • the United Nations,

        the Commonwealth,

        the African Union,

        the Southern African Development Community,

        other international organizations of which Swaziland is a member.

2. International law, Customary international law, Foreign affairs representative
   Swaziland shall conduct its international affairs directly or through officers of the Government in accordance with the accepted principles of public or customary international law and diplomacy in a manner consistent with the national interest.

237. Diplomatic representation

1. International organizations
   Subject to the provisions of section 188, the King shall appoint and remove from office the diplomatic representatives of Swaziland to other countries and international organisations.
2. The King may receive envoys accredited to Swaziland.

238. International agreements

1. The Government may execute or cause to be executed an international agreement in the name of the Crown.
2. Legal status of treaties
   An international agreement executed by or under the authority of the Government shall be subject to ratification and become binding on the government by -
   1. an Act of Parliament; or
   2. a resolution of at least two-thirds of the members at a joint sitting of the two Chambers of Parliament.
3. The provisions of sub-section (2) do not apply where the agreement is of a technical, administrative or executive nature or is an agreement which does not require ratification or accession.
4. Unless it is self-executing, an international agreement becomes law in Swaziland only when enacted into law by Parliament.
5. Accession to an international agreement shall be done in the same manner as ratification under sub-section (2).
6. For the purposes of this section, “international agreement” includes a treaty, convention, protocol, international agreement or arrangement.

239. Purpose of Code

240. Conflict of interest

241. Declaration of assets and liabilities

1. Earnings disclosure requirement
   A person who holds an office mentioned in sub-section (2) shall submit to the Integrity Commission, a written declaration of all property, assets owned by, or any benefit gained or liabilities owed by the holder of that office whether directly or indirectly –
   1. within six months after the commencement of the Integrity Commission or before taking office as the case may be;
   2. at the end of every two years; and
   3. at the end of his term of office.
2. Sections 240 and 241(1) apply to the holders of the following offices-
   1. Prime Minister, Deputy Prime Minister and Minister;
   2. member of the King’s Advisory Council;
   3. Earnings disclosure requirement
      member of Parliament including the Presiding Officers;
   4. Chairman and member of a Service Commission or Board;
   5. Army Commander and Deputy Army Commander;
   6. Commissioner of Customs;
   7. Commissioner of Police and Deputy Commissioner of Police;
   8. Commissioner of Labour;
   9. Commissioner of Correctional Services and Deputy Commissioner of Correctional Services;
   10. Commissioner of Taxes;
   11. Justice of the Superior Court of Judicature and all judicial officers;
   12. Ambassador, High Commissioner, and Head of Diplomatic or Consular Mission;
   13. Secretary to the Cabinet;
   14. Commissioner and Deputy Commissioner of the Integrity Commission;
   15. Member of the Elections and Boundaries Commission;
   16. Attorney-General and Deputy Attorney-General;
   17. Head of Ministry of government or department;
   18. Director of Public Prosecutions and Deputy Director of Public Prosecutions;
   19. Managing Director, general manager and departmental head of a public corporation or company in which the Government has a controlling interest; and
   20. in the public service and any other public institution as Parliament may prescribe.
3. The Commissioner and Deputy Commissioner of the Integrity Commission shall make the declaration under this section to the Judicial Service Commission.
4. The declaration made under this section shall, on demand be produced in evidence before –
   1. a court of competent jurisdiction; or
   2. an investigator appointed by the Integrity Commission.
5. Any property or assets acquired by an officer after initial declaration required under this section and which is not reasonably attributable to income, government loan, inheritance or any other legitimate source shall be deemed to have been acquired in contravention of this Chapter unless duly declared.
6. An allegation that an officer referred to in this section has contravened or has not complied with a provision of this Chapter shall be made to the Integrity Commission and in the case of a member of the Integrity Commission, to the Judicial Service Commission which shall, unless the person concerned makes a written admission of the contravention or non-compliance, cause the matter to be investigated.
7. The Integrity Commission or the Judicial Service Commission, as the case may be, may take such action as the commission considers appropriate in respect of the results of the investigation or admission.

242. Failure to comply with Code

1. An officer who contravenes the Code may, after due process of law, be dismissed or removed from office by reasons of such breach or abuse and may be disqualified from holding any public office either generally or for a specified period.
2. Any property or assets acquired after the initial declaration under this Chapter and which is not reasonably attributable to income, government loan, inheritance or any other legitimate source, shall, after due process of law, be forfeited to Government.

243. The Integrity Commission

1. The Commission on Human Rights and Public Administration established in terms of section 163 of this Constitution shall for purposes of this Chapter, constitute the Integrity Commission.
2. The Integrity Commission is responsible for receiving from time to time, declarations in writing of assets and liabilities of persons referred to in section 240(2), for enforcing the Code and supervising all matters connected with the Code as may be prescribed.

244. Penalties, etc

245. Mode of Amendment

1. Subject to the provisions of this chapter, Parliament may amend any provision of this Constitution by the introduction of a bill expressly providing that the Constitution shall be amended as proposed in that bill.
2. A bill to amend this Constitution shall only be introduced at a joint sitting of the Senate and the House summoned for the purpose in accordance with the provisions of the First Schedule.
3. A bill under subsection (2) shall not be so introduced unless that bill has been published in the Gazette not less than thirty days before the introduction at the joint sitting.
4. After the bill has been introduced in the joint sitting, no further proceedings shall be taken on the bill in Parliament until the prescribed period has elapsed.
5. If, after the prescribed period the bill is passed at the joint sitting and or at a referendum with the requisite majority, the bill shall be submitted to the King for assent.

246. Amendment of specially entrenched provisions

1. Where a bill in terms of this Chapter contains provision for amending any of the specially entrenched provisions of this Constitution as set out in sub-section (2), the bill shall not be passed at the joint sitting unless it is supported on its final reading by the votes of not less than three-quarters of all the members of the two chambers.
2. The specially entrenched provisions are as follows -
   1. The Kingdom and its Constitution: section 2;
   2. Monarchy: section 4, 5, 7(2), 7(3), 8(2), 9, 10, 11;
   3. Protection and Promotion of Fundamental Rights and Freedoms Chapter III
   4. The Executive: section 64, 65, 66(1), 69(1), 69(2);
   5. The Legislature: section 79, 84, 93, 106, 108, 115, 119(1), 134;
   6. The Judicature: section 138, 139, 140, 141, 146, 151, 153(1) 155, 158, 159 except 159(5);
   7. Director of Public Prosecutions and the Commission on Human Rights: section 162(1), 162(4), 162(6);
   8. Public Finance: section 207(1);
   9. Land, Minerals, etc: section 210(1), 211(1), 213;
   10. Traditional Institutions: section 227, 228, 229; 230; 231;
   11. Amendment of the Constitution: Chapter XVII;
   12. Miscellaneous: Chapter XVIII in its application to any of the provisions referred to in this section except section 251;
   13. The First Schedule in its application to any of the provisions referred to in this section.
3. Where a bill in terms of this section has been duly passed at a joint sitting that bill shall not be presented to the King for assent unless it is approved by a simple majority of all votes validly cast at a referendum in such manner as may be prescribed, at which every person who at the time of the referendum is registered as a voter for purposes of the elected members of the House shall be entitled to vote.

247. Amendment of the entrenched provisions

1. Where a bill in terms of this chapter contains provision for amending any of the entrenched provisions of this Constitution (as set out in subsection (2)), the bill shall not be passed at the joint sitting unless it is supported on its final reading by the votes of at least two-thirds of all the members of the two chambers.
2. The entrenched provisions are as follows -
   1. Monarchy: section 12, 13;
   2. The Executive: section 67, 68(2), 68(4), 68(7), 70, 77(1), 77(2), 77(8), 77(9);
   3. The Legislature: section 85(1), 87(1), 87(2), 90, 105, 107, 111, 112, 115, 116, 117, 130, 131(1), 131(2), 133(1), 133(4), 135, 136;
   4. The Judicature: section 142, 145, 147, 148, 149, 150, 154, 156, 157, 159(5), 160;
   5. Director of Public Prosecutions and the Commission on Human Rights and Administration of Justice, section 162(2), 162(3), 162(5), 162(7), 163; 164, 166, 170;
   6. The Public Service: section 173, 175, 176, 177, 178, 179, 181, 182, 187, 188, 189, 190, 191, 192, Part 3;
   7. Public Finance: Chapter XI except section 207(1);
   8. Land, Minerals, etc: section 212(1), 212(7), 214(1), 214(6), 215;
   9. Local Government: section 218;
   10. Traditional Institutions: Chapter XIV except sections 227, 228 and 229;
   11. International Relations: section 236, 238;
   12. Leadership Code of Conduct: section 240, 241(1), 242, 243;
   13. Miscellaneous: Chapter XVIII in its application to any of the provisions referred to in this section;
   14. The First Schedule in its application to any of the provisions referred to in this section.

248. Certificate of compliance

1. A bill passed as provided under this chapter shall not be presented to the King for assent unless that bill is accompanied by a certificate under the hand of the President of Senate and the Speaker of the House of Assembly that the provision of sections 245, 246 and 247(1) have been complied with.
2. Where the bill in terms of section 246 was approved at a referendum that bill shall also be accompanied by the certificate of the officer in charge of that referendum when presented for assent.

249. Lapsing of a bill

1. A bill to amend this Constitution shall lapse -
   1. if that bill is not submitted for assent at the date of the conclusion of the next session of Parliament after the session in which it is introduced;
   2. if on any reading of the bill in a joint sitting that bill is not passed; or
   3. if, having been submitted to a referendum in accordance with section 246(3), that bill is not approved in the manner provided by that subsection.

250. Interpretation

251. Council of Chiefs

1. There shall be a Council of Chiefs which shall be composed of twelve Chiefs drawn from the four regions of the Kingdom appointed by the iNgwenyama on a rotational basis.
2. There shall be a Chairman of the Council who shall be appointed by the iNgwenyama and a secretary whose office shall be a public office.
3. The Council of Chiefs shall be responsible for, among other things-
   1. advising the King on customary issues and any matter relating to or affecting chieftaincy including chieftaincy disputes;
   2. performing the function in terms of section 115; and
   3. performing such other functions as may be assigned by this Constitution or any other law.
4. Members of the Council of Chiefs shall be divided into three classes of four each and the first class shall vacate office at the expiry of two years, the second class shall vacate office at the expiry of three years and the third class shall vacate office at the expiry of four years.
5. Chiefs in the respective regions may meet as and when necessary but at least twice a year.

252. The Law of Swaziland

1. Subject to the provisions of this Constitution or any other written law, the principles and rules that formed, immediately before the 6th September, 1968 (Independence Day), the principles and rules of the Roman Dutch Common Law as applicable to Swaziland since 22nd February 1907 are confirmed and shall be applied and enforced as the common law of Swaziland except where and to the extent that those principles or rules are inconsistent with this Constitution or a statute.
2. Subject to the provisions of this Constitution, the principles of Swazi customary law (Swazi law and custom) are hereby recognised and adopted and shall be applied and enforced as part of the law of Swaziland.
3. The provisions of subsection (2) do not apply in respect of any custom that is, and to the extent that it is, inconsistent with a provision of this Constitution or a statute, or repugnant to natural justice or morality or general principles of humanity.
4. Parliament may -
   1. provide for the proof and pleading of the rule of custom for any purpose;
   2. regulate the manner in which or the purpose for which custom may be recognised, applied or enforced; and
   3. provide for the resolution of conflicts of customs or conflicts of personal laws.

253. Subordinate legislation

1. An Act of Parliament may make provision conferring functions on a joint sitting of the chambers of Parliament with respect to any subordinate legislation (that is to say any instrument having the force of law made under an Act of Parliament) and for the summoning and procedure of a joint sitting for the purpose of the exercise of those functions.
2. Every subordinate legislation shall before commencement be laid before each chamber of Parliament for a period of at least fourteen days.
3. Subject to the provisions of subsection (4), if during the period of fourteen days that legislation is not called upon for debate by motion of any member, then the legislation shall be deemed to have been approved by the chamber concerned.
4. Where the legislation is called up for debate, that legislation shall only come into force when after the debate the chamber concerned resolves to approve the legislation with or without any alterations.
5. The provisions of subsections (2) to (4) inclusive shall not apply where a chamber resolves by a two-thirds majority of all its members that it shall not be necessary for the minister concerned to place the legislation in question before the chamber for the prescribed period.

254. References to public office, etc

255. Acting appointments

1. In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating that office shall be construed as including a reference to any person for the time being lawfully acting in or exercising the functions of that office.
2. Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office where the holder of that power is himself unable to perform those functions, the appointment shall not be called in question on the ground that the holder of the office was able to perform those functions.

256. Removal from office

1. Reference in this Constitution to the power to remove a public officer from office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed.
2. Nothing contained in subsection (1) shall be construed as conferring on any person or authority power to require a judge of the superior courts, the Attorney-General, the Director of Public Prosecutions or the Auditor-General to retire from the public service.
3. Any power conferred by any law to permit a person to retire from public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the appropriate Service Commission.
4. Any provision in this constitution that vests in any person or authority power to remove any public officer from office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein.

257. Resignations

1. Save or as otherwise provided in this Constitution, any person who has been appointed to any office established by this Constitution may resign from that office by letter under his hand addressed to the person or authority by whom he was appointed, and the resignation shall take effect and the office shall accordingly become vacant -
   1. at such time or on such date (if any) as may be specified in the writing or;
   2. subject to subsection (2), when the letter is received by the person or authority to whom it is addressed or by such other person as may be authorised by that person or authority to receive it.
2. Any resignation referred to in subsection (1) may be withdrawn before becoming effective where the person or authority to whom the resignation is addressed consents to the withdrawal.

258. Re-appointments and concurrent appointments

1. Where any person has vacated any office established by this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
2. Where a power is conferred by this Constitution upon any person to make any appointment to any office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office, and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

259. Power to amend or revoke instruments etc

260. Saving for jurisdiction of the High Court

261. Interpretation

1. In this Constitution unless the context otherwise requires –
   • “Act of Parliament” means any law made by the King and Parliament;

     “chamber” means a house of Parliament;

     “the Commonwealth” means the countries that are independent members of the Commonwealth and territories for whose international relations any of those countries is wholly or in part responsible;

     “financial year” means the period of twelve months ending on the thirty-first day of March in any year or such other day as may be prescribed;

     “the Gazette” means the Swaziland Government Gazette;

     “the Government” means the Government of Swaziland;

     “high judicial office” means the office of a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth that may be prescribed or the office of a judge of a court having jurisdiction in appeals from such a court;

     “the House” means the House of Assembly;

     “law” includes any instruments having the force of law and any unwritten rule of law;

     “Ndlovukazi” means a person appointed in terms of section 229 of this Constitution;

     “Ngwenyama” means a person appointed in terms of section 228 of this Constitution;

     “oath” means the oath of allegiance set out in the Second Schedule and also includes affirmation;

     “Parliament” means the Parliament of Swaziland;

     “prescribed” means prescribed in law or, in relation to anything that may be prescribed only by an Act of Parliament, it means so prescribed;

     “public office” means subject to the provisions of section 254 any office of emolument in the public service;

     “public officer” means subject to the provisions of section 254 the holder of any public office and includes any person appointed to act in any public office;

     “public service” means the service of the Crown in a civil capacity in respect of the government of Swaziland;

     “session” means, in relation to Parliament, the sittings of Parliament commencing when the House first meets after this Constitution comes into force or when Parliament first meets after its prorogation at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued;

     “Sibaya” means the nation meeting as the Swazi National Council at the Ndlovukazi’s official residence for the purpose of deliberating or deciding on important national matters;

     “sitting” means in relation to a chamber, a period during which that chamber is sitting continuously without adjournment, and includes any period during which the chamber is in committee;

     “vusela” means a consultative process whereby a person or group of persons or community is visited and addressed with a view to soliciting opinion or consensus on some public matter.

2. In this Constitution -
   1. a reference to an appointment to any office shall be construed as including a reference to the appointment of a person to act or perform the functions of that office at any time when the office is vacant or the holder of that office is unable to perform the functions of that office; and
   2. a reference to the holder of an office by the term designating the office of that holder shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office.
3. Save as otherwise provided in this Constitution, the Interpretation Act 1899 or its successor shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution.

262. Existing Government

263. Existing Parliament

264. Existing Courts of Judicature

265. Continuation of appointment of justices of superior courts

1. A Justice of the superior courts holding office immediately before the commencement of this Constitution shall continue to hold office as if appointed to that office under this Constitution.
2. Any person to whom this section applies shall on the commencement of this Constitution be deemed to have taken and subscribed the oath of allegiance and the judicial oath as prescribed by this Constitution.

266. Existing offices

1. A person who immediately before the commencement of this Constitution held or was acting in any office established by or by virtue of the constitution then in force, so far as is consistent with the provisions of this Constitution, shall be deemed to have been appointed as from the commencement of this Constitution, to hold or to act in the equivalent office under this Constitution.
2. A person who before the commencement of this Constitution would have been required under the law in force to vacate that office at the expiration of a period of service shall, notwithstanding the provisions of subsection (1), vacate that office at the expiration of that period.
3. The provisions of this section shall not prejudice any powers conferred by or under this Constitution or any other law or any person or authority to make provision for the abolition of office, or for the removal from office of persons holding or acting in any office and for requiring persons to retire from office.
4. In determining, for the purposes of any law relating to retiring benefits or otherwise to length of service, the length of service of a public officer to whom the provisions of subsection (1) and (2) apply, service as a public officer under the Government which terminates immediately before the commencement of this Constitution shall be deemed to be continuous with service as a public officer which begins immediately at such commencement.
5. Except as otherwise provided in this Constitution, the terms and conditions of service of a person to whom this section applies, shall not be less favourable than those applicable to that person immediately before the commencement of this Constitution.
6. For the avoidance of doubt, it is declared that any office established before the commencement of this Constitution which is inconsistent with any provision of this Constitution is, on the commencement of this Constitution, abolished.

267. Appointment to certain offices

268. Existing law

1. The existing law, after the commencement of this Constitution, shall as far as possible be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution.
2. For the purposes of this section, the expression “existing law” means the written and unwritten law including customary law of Swaziland as existing immediately before the commencement of this Constitution, including any Act of Parliament or subordinate legislation enacted or made before that date which is to come into force on or after that date.

269. Enactments not yet in force

270. Existing commissions and committees of inquiry

1. Notwithstanding anything in this Constitution to the contrary any commission or committee of inquiry in existence immediately before the commencement of this Constitution, may continue in existence until the submission of its report or until it is otherwise dissolved in accordance with law.
2. For the avoidance of doubt, the report and findings of a commission or committee of inquiry established before the commencement of this Constitution under any enactment shall have the same effect as the report or finding of a commission of inquiry established under this Constitution.

271. Pending matters

1. Where any matter or thing has been commenced before the commencement of this Constitution by a person or authority that has power for the purpose under the existing law, that matter or thing may be carried on and completed by the person or authority having power for the purpose after the commencement of this Constitution, and it shall not be necessary for the person or authority to commence the matter or thing afresh.
2. This section shall have effect subject to the provisions of this Constitution and to any law made by Parliament.

272. Oaths deemed to have been taken

273. Proceedings pending before courts

274. Official seals, etc

275. Prerogative of mercy

276. Devolution of rights and liabilities

277. Succession to property

1. Subject to the provisions of Chapter XII, all properties and all assets which immediately before the commencement of this Constitution were vested in any authority or person for the purposes of, or in the right of the Government or in the Government shall, on the commencement of this Constitution, vest in the Government.
2. Any property which was liable, immediately before the commencement of this Constitution, to estreat or to be forfeited to the Government shall be liable to estreat or to be forfeited to the Government under this Constitution.

278. Succession to contracts

279. International agreements etc

1

1. The King shall summon a joint sitting of the Senate and the House of Assembly –
   1. whenever the King is informed by the Prime Minister that it is necessary in order that a joint sitting may deliberate and vote upon the question of approval, extending approval, or revocation of a declaration of a state of emergency under section 37;
   2. in the circumstances mentioned in section 115(3), 116(1) or 117(1);
   3. Constitution amendment procedure
      whenever the King is informed by the President of the Senate or the Speaker of the House of Assembly that a member of the Senate or the House of Assembly, as the case may be, has given notice of the introduction of a bill to amend the Constitution in terms of section 245(2);
   4. whenever it is necessary, in order that a joint sitting of the Senate and the House of Assembly may deliberate and vote upon a bill to amend the Constitution in accordance with section 246(1) or 247(1).
2. Subject to sub-paragraph (5), the summons of a joint sitting -
   1. shall be by message to the Senate and the House of Assembly through the President or the Speaker, as the case may be;
   2. shall state the business which the sitting is summoned to transact; and
   3. shall appoint a day for the joint sitting, being not more that fourteen days after the date of the message in the case of a sitting for the purpose mentioned in sub-paragraph (1) (a) and not more than twenty-one days after the message in any other case.
3. The prorogation of Parliament shall not affect any business which a joint sitting of the Senate and the House of Assembly has, at the date of the prorogation, been summoned to transact in accordance with the provisions of this paragraph or, which is then under consideration by a joint sitting.
4. Subject to the provisions of sub-paragraph (5), any business pending for consideration or under consideration by a joint sitting when Parliament is dissolved shall lapse at the date of the dissolution.
5. The provisions of section 135 (which relates to the recall of the chambers of Parliament after a dissolution) shall apply for the purpose of authorising the recall of members of those chambers in a joint sitting as they apply for authorising the recall of the chambers of Parliament.