eSwatini
Umbutfo Swaziland Defence Force Order, 1977
Kings Order in Council 10 of 1977
- Assented to on 25 February 1977
- Commenced on 6 May 1977
- [This is the version of this document at 1 December 1998.]
Part I – General
1. Short title and commencement
This King’s Order-in-Council may be cited as The Umbutfo Swaziland Defence Force Order, 1977, and shall come into force on a day to be appointed by the Prime Minister by notice in the Gazette.2. Interpretation
Part II – Establishment and command of the Defence Force
3. Establishment of the Defence Force
4. Composition of Defence Force
The Swaziland Army, Air Force and Navy comprising the Defence Force of Swaziland shall each consist of the following units—5. The Permanent Force
6. Reserve
7. Constabulary
8. The Cadet Force
9. Commander-in-Chief
Part III – Defence Council Colonel-in-Chief and Commander
10. Defence Council
11. Establishment of training centres and institutions
The King/Ngwenyama may establish such training centres and institutions in Swaziland as it may deem fit.12. Army Commanders
Part IV – Commissioning of officers and enlistment and discharging of officers and servicemen
13. Granting of Commissions
14. Terms of Commission
15. Termination of commission
The King may in consultation with the Army Commander at any time terminate the commission of an officer.[Amended K.O-I-C. 29/1978]16. Recruiting officers
Any person authorised in that behalf by the Ngwenyama/King may recruit servicemen into the Defence Force in the prescribed manner:[Amended K.O-I-C. 29/1978]Provided that the provisions of Legal Notice No. 103 of 1975 shall apply until revoked or amended by the King.17. Enlistment
18. Period of enlistment
The period for which a person may be enlisted shall be prescribed by the King in such manner as he deems fit.19. Prolongation of Service
The King may in consultation with the Army Commander prolong the term of service of any servicemen.[Amended K.O-I-C. 29/1978]20. Discharge of service
A serviceman may be discharged by the King in consultation with the Army Commander at any time during his period of service—[Amended K.O-I-C. 29/1978]21. Right to discharge on reduction to ranks
A warrant officer who is reduced to the rank of private or corresponding rank may thereupon claim to be discharged, except during a state of war, insurrection, hostilities or public emergency or at a time when he is on active Service.22. Mode of discharge
23. Validity of attestation and enlistment
Part V – Discipline, courts and procedures
24. Discipline, courts and procedures
25. Court Martial
There is hereby established a Court Martial which is empowered to try any person for an offence under the military laws of Swaziland or review investigations in respect of such offences, and which shall consist of a chairman and such other persons as may be appointed by the King in consultation with the Council from time to time.26. Jurisdiction of courts
27. Arrest and detention of persons for military offences
Any person who has committed an offence, or is suspected on reasonable grounds to have committed an offence, under this Order or the Code may be arrested by a Constabulary and detained in a place designated by the King for such purpose.Part VI – Visiting forces
28. Discipline and administration
Part VII – Offences
29. Offences
Any person shall be guilty of an offence and shall be liable on conviction to imprisonment for 5 years or a fine of two thousand emalangeni or both if he—Part VIII – Miscellaneous
30. Order of precedence
31. Particulars to be given by members of the Defence Force
32. Disposal of uniform and decorations on the death of a member of the Defence Force
Upon the death of a member of the Defence Force, such of his uniform and decorations as may be found, shall be delivered to the headquarters of the Defence Force and shall be disposed of in the manner prescribed by regulations.33. Limitation of actions
No civil action shall be capable of being instituted against the Government or any person in respect of anything done or omitted to be done in pursuance of this Order, if a period of six months (or where the cause of action arose outside Swaziland, two years) has elapsed since the date on which the cause of action arose and notice in writing of any such civil action and of the cause thereof shall be given to the Defendant one month at least before the commencement thereof.34. Regulations
The King may make any regulations, rules, routine and standing orders for the better carrying out of the provisions of this Order.[Amended K.O-I-C. 27/1978]35. Repeal
Subject to section 5(2) the Armed Forces Order No. 5 of 1973 is hereby repealed.History of this document
01 December 1998 this version
Consolidation
06 May 1977
Commenced
25 February 1977
Assented to
Cited documents 3
Act 3
1. | Finance Management and Audit Act, 1967 | 54 citations |
2. | Police Act, 1957 | 21 citations |
3. | Prisons Act, 1964 | 20 citations |