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eSwatini
Constitution of the Kingdom of Swaziland, 2005
Act 1 of 2005
- Published in Swaziland Government Gazette Extraordinary 73 on 26 July 2005
- Commenced on 8 February 2006 by Constitution of the Kingdom of Swaziland (Date of Commencement) Proclamation, 2006
- [This is the version of this document from 26 July 2005.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
The Kingdom and its Constitution
1. The Kingdom and its territory
2. The Constitution
3. The Anthem, Flag and languages
Chapter II
Monarchy
4. King and iNgwenyama
5. Succession to the Throne
6. Umntfwana (Crown Prince)
7. The Ndlovukazi
8. Umntfwanenkhosi Lomkhulu (Senior Prince)
9. Civil List of King and iNgwenyama
10. Immunity of King and iNgwenyama
The King and iNgwenyama shall be immune from taxation in respect of his Civil List, all income accruing to him and all property owned by him in any private capacity.11. Protection of King and iNgwenyama in respect of legal proceedings
The King and iNgwenyama shall be immune from—12. Oath by King and iNgwenyama
The King and iNgwenyama shall upon his installation as King and iNgwenyama take and subscribe an oath for the due execution of his office in accordance with Swazi law and custom.13. The King’s Advisory Council
Chapter III
Protection and promotion of fundamental rights and freedoms
14. Fundamental rights and freedoms of the individual
15. Protection of right to life
16. Protection of right to personal liberty
17. Protection from slavery and forced labour
18. Protection from inhuman or degrading treatment
19. Protection from deprivation of property
20. Equality before the law
21. Right to fair hearing
22. Protection against arbitrary search or entry
23. Protection of freedom of conscience or religion
24. Protection of freedom of expression
25. Protection of freedom of assembly and association
26. Protection of freedom of movement
27. Rights and protection of the family
28. Rights and freedoms of women
29. Rights of the child
30. Rights of persons with disabilities
31. Abolition of the status of illegitimacy
For the avoidance of doubt, the (common law) status of illegitimacy of persons born out of wedlock is abolished.32. Rights of workers
33. Right to administrative justice
34. Property rights of spouses
35. Enforcement of protective provisions
36. Declaration of emergency
37. Derogations during public emergency
38. Prohibition of certain derogations
Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms—39. Saving clauses and interpretation
Chapter IV
Citizenship
Part 1 – Acquisition of citizenship
40. Citizen of Swaziland
A person who, on the commencement of this Constitution, is a citizen of Swaziland shall continue to be such citizen.41. Citizenship by descent
A person born, whether before or after the commencement of this Constitution and whether in or outside of Swaziland, is a citizen by descent if by birth that person is a descendant.42. Citizenship by operation of law
43. Citizenship by birth
44. Citizenship by marriage
45. Citizenship by registration
46. Posthumous children
A child born after the death of the father shall be deemed to be a citizen under this Chapter on the same conditions as if the father were alive when that child was born.47. Foundlings
A deserted child of not more than seven years found in Swaziland shall, unless the contrary is proved, be deemed to have been born in Swaziland and shall be treated for the purposes of this Chapter as a citizen by birth.48. Birth aboard a ship or aircraft
Part 2 – Loss of citizenship
49. Deprivation of citizenship
50. Renunciation of citizenship
If a citizen of Swaziland who has attained the age of majority, or being a woman is or is about to be married, is or is about to become a citizen of another country and for that reason desires to renounce his or her citizenship of Swaziland, that citizen may do so by lodging with the Board a declaration of renunciation of that citizenship and, upon lodgement of the declaration or, if not then a citizen of that other country, upon becoming that citizen, he or she shall cease to be a citizen of Swaziland.51. Preservation of obligations on cessation of citizenship
Where a person ceases to be a citizen of Swaziland that cesser shall not of itself operate to discharge any obligations, duty or liability undertaken, imposed or incurred before the cessation.52. Death of citizen or loss of citizenship
53. Citizenship Board
54. Certificate of citizenship
55. Provision for other matters
Chapter V
Directive Principles of State Policy and duties of the citizen
56. General objectives
57. Law enforcement objectives
58. Political objectives
59. Economic objectives
60. Social objectives
61. Foreign policy objectives
62. Objectives on independence of the judiciary
63. Duties of the citizen
The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to—Chapter VI
The Executive
64. Executive authority of Swaziland
65. Exercise of King’s functions
66. The Cabinet of Ministers
67. Appointment of Prime Minister and other Ministers
68. Vacation of office of Prime Minister or Minister
69. Responsibility of Cabinet
70. Assignment of responsibilities
The King may, after consultation with the Prime Minister, assign to the Prime Minister or any other Minister responsibility for the conduct of any business of the Goverrnment including the administration of any department of Goverrnment.71. Exercise of the Prime Minister’s functions during absence or illness
Where the Prime Minister is absent from Swaziland or is by reason of illness or any other cause unable to exercise the functions conferred on the Prime Minister by this Constitution or any other law, those functions shall be exercised by the Deputy Prime Minster or where the Deputy Prime Minister is for any reason unable to exercise the functions of the office of the Prime Minister, by such other Minister as the King may authorize in writing for a maximum period not exceeding three months.72. Exercise of Minister’s functions during absence or illness
Where a Minister is absent from Swaziland or is by reason of illness or any other cause unable to exercise the functions of the office of that Minister the Minister may, after consultation with the Prime Minister, delegate those functions to another Minister in writing for a maximum period not exceeding six months.73. Oaths of office
A Prime Minister, Deputy Prime Minister or Minister shall, before assuming the duties of office take and subscribe the oath of allegiance and the oath for the due execution of office as set out in the Second Schedule.74. Secretary to Cabinet
75. Direction of Goverrnment departments
76. Principal Secretaries
77. Attorney-General
78. Prerogative of Mercy
Chapter VII
The Legislature
Part 1(a) – System of Goverrnment
79. System of Government
The system of Goverrnment for Swaziland is a democratic, participatory, tinkhundla-based system which emphasises devolution of state power from central Goverrnment to tinkhundla areas and individual merit as a basis for election or appointment to public office.80. Tinkhundla
81. Bucopho (inkhundla Committee)
82. Regional Administration
83. Regional Administrator
Part 1(b) – Representation of the people
84. Right to representation
85. Right to vote at elections
86. Representation of women
87. Election by secret ballot
88. Qualification as a voter
89. Disqualification as a voter
A person is not qualified to be registered as a voter or to vote where that person—Part 1(c) – Elections and Boundaries Commission
90. Elections and Boundaries Commission
91. Review of tinkhundla boundaries
92. Report of the Elections and Boundaries Commission
Part 2 – Composition of Parliament
93. Parliament
The Parliament of Swaziland shall consist of a Senate and a House of Assembly.94. Senate
95. House of Assembly
96. Qualifications for membership of Parliament
Subject to the provisions of this Constitution, a person qualifies to be appointed, elected or nominated, as the case may be, as a Senator or a member of the House if that person—97. Disqualifications for membership of Parliament
98. Tenure of seats of members of Parliament
99. Vacation of seat on sentence, etc.
100. President of Senate
101. Deputy President of Senate
102. The Speaker of the House
103. Deputy Speaker of the House
104. Acting President and Speaker
105. Decision as to membership of Parliament
Part 3(a) – Legislation in Parliament
106. Power to make laws
Subject to the provisions of this Constitution—107. Exercise of power to make laws
Subject to the provisions of this Constitution, the power of the King and Parliament to make laws shall be exercised by bills—108. Assent to bills
109. When laws come into operation
110. Introduction of bills
A bill may be introduced in either chamber of Parliament except that—111. Bills settling financial matters
Except with the consent of the Cabinet signified by the Prime Minister or the Minister responsible for Finance, neither chamber of Parliament shall—112. Limitation on powers of Senate − Appropriation bills
113. Limitation on powers of Senate – Other money bills
114. Limitation on powers of Senate – Urgent bills
Where the King by writing under his hand certifies to the President that enactment of a bill (including a money bill but not an appropriation bill) passed by the House, is a matter of urgency, the bill, having been sent to the Senate at least ten days before the end of the session—115. Matters regulated by Swazi law and custom
116. Procedure where chambers disagree on bills
117. Reference back of bills by King
118. Functions of Speaker
119. Retroactive legislation
120. Interpretation
Part 3(b) – Regulation of procedure in Parliament
121. Regulation of procedure in Parliament
122. Presiding in Senate
There shall preside at any meeting of the Senate—123. Presiding in the House of Assembly
There shall preside at any sitting of the House—124. Quorum in Senate and House
125. Voting in Parliament
126. Right of Ministers, etc., to address other chamber
127. Unqualified persons sitting or voting
128. Oaths by members of Parliament
129. Committees of Parliament
130. Parliamentary immunities and privileges
Part 3(c) – Parliamentary service
131. Parliamentary service
132. Clerk to Parliament and other staff
Part 4 – Summoning, prorogation and dissolution
133. Sessions of Parliament
134. Prorogation and dissolution of Parliament
135. Recalling Parliament in case of emergency
136. General elections
137. Filling of casual vacancies
Chapter VIII
The Judicature
Part 1 – General
138. Administration of justice
Justice shall be administered in the name of the Crown by the Judiciary which shall be independent and subject only to this Constitution.139. The Judiciary
140. Judicial power of Swaziland
141. Independence of the Judiciary
142. Administrative functions of the Chief Justice
Subject to the provisions of this Constitution or any other law, the Chief Justice as head of the Judiciary may make rules for regulating the practice and procedure of the superior and subordinate courts, including the specialised and local courts as well as powers of judicial officers.143. Oaths by Justices of the superior courts
A Judge of the Supreme Court or the High Court shall not enter upon the duties of office unless that Judge has taken and subscribed the oath of allegiance and the oath for the due execution of office as set out in the Second Schedule.144. Appointment of assessors
Part 2(a) – The Supreme Court
145. Composition of the Supreme Court
146. Jurisdiction of Supreme Court (General)
147. Appellate jurisdiction of Supreme Court
148. Supervisory and review jurisdiction
149. Powers of a single Justice of Supreme Court
Part 2(b) – The High Court
150. Composition of the High Court
151. Jurisdiction of the High Court
152. Review and supervisory powers of High Court
The High Court shall have and exercise review and supervisory jurisdiction over all subordinate courts and tribunals or any lower adjudicating authority, and may, in exercise of that jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its review or supervisory powers.Part 3 – Appointment, removal, etc., of Superior Court Justices
153. Appointment of Justices of the superior courts
154. Qualification for appointment to the superior courts
155. Tenure of office of superior court Justice
156. Retirement and resignation of Justices of the superior courts
157. Appointment of Justices of the superior courts on contract
158. Removal of Justices of superior courts
Part 4 – Judicial Service Commission
159. Judicial Service Commission
160. Functions of the Judicial Service Commission
161. Secretariat to the Commission
Chapter IX
Director of Public Prosecutions and the Commission on Human Rights and Public Administration
Part I – Director of Public Prosecutions
162. Appointment, tenure functions, etc.
Part 2 – Commission on Human Rights and Public Administration
163. Commission on Human Rights and Public Administration
164. Functions of the Commission
165. Powers of the Commission
166. Independence of the Commission
The Commission shall be independent in the performance of its functions and shall not be subject to the direction or control of any person or authority.167. Discretion of Commissioner
In determining whether to initiate, continue or discontinue an investigation, the Commissioner shall exercise discretion and in particular and without prejudice to the generality of that discretion, the Commissioner may refuse to initiate or continue an investigation where it appears that—168. Report of investigation
169. Restrictions on matters for investigation
The Commission shall not, in investigating any matter leading to, resulting from or connected with the decision of a Minister, inquire into or question the policy of the Goverrnment in accordance with which the decision was made.170. Vacation of office and immunity of Commissioners
171. Staff and expenses of the Commission
Chapter X
The public service
Part 1 – Service commissions
172. Administration of the public service
173. Establishment and membership
174. Disqualification for membership
175. Tenure of office and removal from office
176. Functions and powers of service commissions
177. Protection of members
Every member of a service commission shall have such and like protection and privilege in the case of any action or suit brought against that member for any act done or omitted to be done in the honest execution of the duties of that member as is by law given to acts done or words spoken by a Judge of the High Court in the exercise of the judicial office.178. Independence of a service commission
In the performance of its functions under this Constitution, a service commission shall be independent of and not subject to any Ministerial or political influence and this independence shall be an aspect of the exercise of any delegated powers or functions of the Civil Service Commission or any other service commission or similar body.179. Privilege of communication
A person shall not in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between a service commission or any member or officer of that service commission, and the Goverrnment, or a line Minister, or any officer of the Goverrnment, or between any member or officer of a service commission and its chairman, or between members or officers of a service commission, in exercise of, or in connection with the exercise of, the functions of a service commission, unless a Judge of a superior court orders otherwise.180. Oath of office
A member of a service commission or similar body shall not enter upon the duties of office until that member has taken and subscribed the oath of allegiance and the oath for the due execution of office as set out in the Second Schedule.181. Delegation of functions
182. Legal representation
Any person appearing before a service commission or any person or body conducting an inquiry or investigation on behalf of a service commission shall be entitled to legal representation at the expense of that person.183. Secretariat
184. Annual reports
Every service commission shall, as soon as possible after the end of each financial year, submit a report to the line Minister in respect of the discharge of its functions during the past year and the line Minister shall lay every such report before both Houses of Parliament for consideration during budget debates.185. Application of this Part
This Part applies subject to any express limitation or enlargement to all the service commissions or similar bodies established under this Constitution or any other law.Part 2 – Civil Service Commission
186. Establishment, membership, etc.
187. Appointment, promotion, transfer, etc., of public officers
188. Appointment and removal from office of Ambassadors, etc.
189. The Police Service
190. The Correctional Services
191. The Defence Force
192. Disciplinary control over Principal Secretaries, Ambassadors, etc.
193. Recognition of other service commissions
Part 3 – Miscellaneous
194. Protection of public officers
195. Pensions laws and protection of pensions rights
196. Power of commissions over pensions
197. Right of action for wrongful dismissal, etc.
Chapter XI
Public finance
198. Consolidated Fund
199. Withdrawals from Consolidated Fund or Public Fund
200. Appropriation Act
201. Supplementary estimates
202. Expenditure in advance of appropriation
203. Contingencies Fund
204. Power to borrow or lend
205. Public debt
206. The Central Bank
207. Auditor-General
208. Remuneration of certain officers
209. The Finance and Public Accounts Committees
Chapter XII
Land, minerals, water and environment
210. Declaration of land, minerals and water as national resource
211. Land
212. Land Management Board
213. Minerals
All minerals and mineral oils in, under or upon any land in Swaziland shall, after the commencement of this Constitution, continue to vest in iNgwenyama in trust for the Swazi Nation as vested on the 12th April 1973.214. Minerals Management Board
215. Water
There shall be no private right of property in any water found naturally in Swaziland.216. Environment
217. Further provisions
Parliament may make laws—Chapter XIII
Local Goverrnment
218. Local Goverrnment
219. Local Goverrnment areas
220. Administration of local Goverrnment areas
221. Duties of a local Goverrnment authority
222. Power to raise revenue, etc.
Subject to any other law a local Goverrnment has power—223. Subvention of local Goverrnments
The Goverrnment shall where necessary allocate funds and necessary expertise for the assistance of local Goverrnments.224. Integration of development programmes
The development programmes of a local Goverrnment shall where appropriate be integrated into the national development plan to be mainly funded by the Goverrnment.225. Management of local Goverrnment affairs
226. Constitution of local Goverrnment authorities
Subject to the provisions of this Constitution, Parliament shall make provision for the constitution, powers, election, membership, vacation, qualification and regulations, accountability, auditing, control and supervision of local Goverrnment authorities.Chapter XIV
Traditional institutions
227. Traditional institutions
228. iNgwenyama
229. The Ndlovukazi
230. Ligunqa
231. Liqoqo
232. Sibaya (the Swazi National Council)
233. Tikhulu (Chiefs)
234. Umntfwanenkhosi Lomkhulu (Senior Prince)
Umntfwanenkhosi Lomkhulu is a paternal uncle of the King selected and appointed in accordance with Swazi law and custom.235. Tindvuna
Chapter XV
International relations
236. International relations
237. Diplomatic representation
238. International agreements
Chapter XVI
Leadership Code of Conduct
239. Purpose of Code
The Leadership Code of Conduct seeks to ensure that those in leadership, whether elective or appointive—240. Conflict of interest
A person who holds an office referred to in section 241 (2) shall not—241. Declaration of assets and liabilities
242. Failure to comply with Code
243. The Integrity Commission
244. Penalties, etc.
Parliament may make law—Chapter XVII
Amendment of the Constitution
245. Mode of amendment
246. Amendment of specially entrenched provisions
247. Amendment of the entrenched provisions
248. Certificate of compliance
249. Lapsing of a bill
250. Interpretation
In this Chapter—Chapter XVIII
Miscellaneous
251. Council of Chiefs
252. The Law of Swaziland
253. Subordinate legislation
254. References to public office, etc.
In this Constitution, unless the context otherwise requires, the expression “public office”—255. Acting appointments
256. Removal from officer
257. Resignation
258. Re-appointments and concurrent appointments
259. Power to amend or revoke instruments, etc.
Where any power is conferred by this Constitution to make any order, regulation or rule, or to give any direction, the power shall be construed as including the power, exercisable in like manner, to amend or revoke any such order, regulation, rule or direction.260. Saving for jurisdiction of the High Court
A provision of this Constitution that a person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall not be construed as precluding the High Court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law or should not perform those functions.261. Interpretation
Chapter XIX
Transitional provisions
262. Existing Goverrnment
Notwithstanding anything in this Constitution, the Goverrnment existing immediately before the coming into force of this Constitution shall continue in office and, as far as possible, exercise its powers and functions in such a manner and with such modifications as are necessary to bring them into conformity with the provisions of this Constitution.263. Existing Parliament
Notwithstanding anything in this Constitution, the Parliament existing immediately before the coming into force of this Constitution shall continue in office and, as far as possible, exercise its powers and functions in such a manner and with such modifications as are necessary to bring them into conformity with the provisions of this Constitution.264. Existing Courts of Judicature
The Court of Appeal and the High Court, in existence immediately before the commencement of this Constitution shall be deemed, subject to such modifications as may be necessary, to have been established under this Constitution and shall perform the functions of the Supreme Court and the High court specified in Chapter VIII of this Constitution.265. Continuation of appointment of Justices of superior courts
266. Existing offices
267. Appointment to certain offices
The first appointments to the following offices shall be made within six months after the commencement of this Constitution—268. Existing law
269. Enactments not yet in force
Where immediately before the commencement of this Constitution any existing law that had not been brought into force or was to come into force on a date subsequent to the commencement of this Constitution, that law may be brought into force in accordance with its terms or shall come into force on such subsequent date as the case may be.270. Existing commissions and committees of inquiry
271. Pending matters
272. Oaths deemed to have been taken
Notwithstanding any provisions of this Constitution, any person who immediately before the commencement of this Constitution held or was acting in any office established under or by virtue of the Constitution then in force and who holds or is acting in an equivalent office under this Constitution, shall be deemed to have taken and subscribed any necessary oath under this Constitution, in accordance with this Constitution.273. Proceedings pending before courts
Legal proceedings, including civil proceedings against the Goverrnment, pending before any court immediately before the commencement of this Constitution may be proceeded with and completed.274. Official seals, etc.
The public seal, the seals of the superior courts as well as any prescribed forms in use under any enactment in force immediately before the commencement of this Constitution shall continue to be used until provision is otherwise made for them.275. Prerogative of mercy
The prerogative of mercy of the King under section 78 may be exercised in respect of any criminal offence committed before the commencement of this Constitution as it may in respect of a criminal offence committed after the commencement of this Constitution.276. Devolution of rights and liabilities
Subject to the provisions of section 274—277. Succession to property
278. Succession to contracts
Where there is subsisting immediately before the commencement of this Constitution, a contract which has been entered into by or on behalf of Goverrnment, then on and after the commencement of this Constitution, all rights, liabilities and obligations of the Goverrnment under the contract shall be vested in or, as the case may be, subsist against the Goverrnment, and the contract shall otherwise continue to be of full force and effect.279. International agreements, etc.
Where Swaziland or the Goverrnment was a party immediately before the commencement of this Constitution to any treaty, agreement or convention, such treaty, agreement or convention shall not be affected by the commencement of this Constitution, and Swaziland or the Goverrnment as the case may be, shall continue to be party to it.History of this document
08 February 2006
26 July 2005 this version
Published in Swaziland Government Gazette Extraordinary 73