Establishment of the Parliament of Swaziland Order, 1992
Kings Order in Council 1 of 1992
- Published in Swaziland Government Gazette Extraordinary 918 on 16 December 1992
- Assented to on 10 December 1992
- Commenced on 16 December 1992
- [This is the version of this document at 1 December 1998.]
Part 1 – Preliminary
1. Short title and commencementThis Order-in Council may be cited as the Establishment of the Parliament of Swaziland Order, 1992, and shall come into force upon publication in the Gazette.
2. InterpretationUnless the context otherwise requires, in this Order—“Bucopho” means the Committee established in terms of section 5;“House” means the House of Assembly established under Party V;“Indvuna yeNkhundla” means the person appointed in terms of section 4;“Inkhundla” means an Inkhundla established in terms of section 3;“Minister” means the Minister responsible for parliamentary affairs;“Umphatsi-Lukhetfo” means the officer responsible for elections of members of the House appointed in terms of the Voter’s Registration Order, 1992.
Part II – Tinkhundla
3. Establishment of Tinkhundla
4. Indvuna yeNkhundla
5. Bucopho (Inkhundla Committee)
Part III – Elections and qualification of voters
6. Right to vote at elections
7. Election by secret ballotThe election of the elected members of the House of Assembly shall be done by secret ballot at both primary and secondary levels.[Amended K.O-I-C 10/1993]
8. Supervision of elections by Umphatsi-Lukhetfo (Chief Electoral Officer)The election of the elected members of the House of Assembly at both primary and secondary levels shall be under the general responsibility and supervision of Umphatsi-Lukhetfo acting as an independent commission as may be prescribed under any law regulating the registration of voters and the conduct of elections.
9. Qualification of voters
10. Disqualification of votersNo person shall be qualified to be registered as a voter or to vote, if—
11. Delimitation Commission
12. Election of members of the House of Assembly
Part IV – Establishment and composition of Parliament
13. Establishment of ParliamentThere is hereby established the Parliament of Swaziland which consists of a Senate and House of Assembly.
14. Composition of Senate
15. Election of SenatorsThe election of members to the Senate by the House of Assembly shall be by a majority vote of those present and voting, and in the case of a tie there shall be a further election of the persons who have tied until all the persons shall have been elected.
16. Composition of the House of AssemblyThe House of Assembly shall consist of as many members as there are Tinkhundla elected directly one from each Inkhundla, ten members appointed by the King, and the Attorney-General who shall be an ex officio member.
17. Elected members of the House of AssemblySwaziland shall in accordance with the determination of the Delimitation Commission, be divided into Tinkhundla and each Inkhundla shall elect one member to the House in such manner as may be prescribed by law.
18. Nominated members of the House of AssemblyThe nominated members of the House of Assembly shall be appointed by the King, after consultation with such bodies as he may consider appropriate and after taking into account any special interest not already adequately represented in the House.
19. Qualifications for membership of ParliamentSubject to the provisions of section 20 a person shall be qualified to be elected or appointed as a Senator or to be elected as an elected or appointed as a member of the House of Assembly if, and shall not be qualified to be so elected or appointed unless, he—
20. Disqualifications for membership of Parliament
21. Tenure of seats of members of ParliamentA Senator or a member of the house of Assembly shall vacate his seat as such if, but only if,—
22. Vacation of seats on sentence, etc.
23. President and Deputy President of Senate
24. Speaker and Deputy Speaker of the House of Assembly
25. Acting President and Speaker
26. Clerk of ParliamentThere shall be a Clerk to Parliament who shall be in charge over all the administration of Parliament.
27. Clerks to Senate and House of Assembly and their staffs
28. Decision of questions as to membership of Parliament
Part V – Summoning, prorogating and dissolution
30. Sessions of Parliament, etc.
31. Prorogation and dissolution of Parliament
32. Recalling Parliament in case of emergencyIf, between a dissolution of Parliament and the next ensuing general election of elected members of the House, an emergency arises of such a nature that in the opinion of the King, after consultation with the Prime Minister, it is necessary for the two chambers of Parliament to be summoned before such general election can be held the King may by notice in the Gazette and a newspaper circulating in Swaziland summon the preceding chambers of Parliament as constituted immediately before such dissolution, and such chambers shall thereupon be deemed not to have been dissolved but shall be deemed to be dissolved on the date when the next ensuing general election of elected members of the House is held.
Part VI – Legislation and procedure in Parliament
33. Power to make lawsSubject to this Order, the King and Parliament may make laws for the peace, order and good government of Swaziland.
34. Oaths to be taken by members of Parliament
35. Presiding in Senate
36. Presiding in House of Assembly
37. Quorum in Senate and House of Assembly
38. Voting in Parliament
39. Right of Minister etc., to address either Chamber of ParliamentA Minister who is a member of the House or the Attorney-General shall be entitled to attend all meetings of the Senate and to take part in all proceedings thereof, but he shall not be regarded as a member of, or be entitled to vote on any question before the Senate, and a Minister who is a Senator shall be entitled to attend all meetings of the House and to take part in all proceedings thereof, but he shall not be regarded as a member of, or be entitled to vote on any question before, the House.
40. Unqualified persons sitting or voting
41. Mode of exercise of power to make laws
42. Introduction of Bills etc.
43. Limitation on powers of Senate with respect to Appropriation Bills
44. Limitation on power of Senate with respect to other money bills
45. Limitation of powers of Senate with respect to urgent Bills
46. Reference back of Bills by King
47. Interpretation and functions of the Speaker
48. Regulation of procedure in Parliament
Part VII – The Executive
49. Executive authority of Swaziland
51. Tenure of office of Prime Minister and other Ministers
53. Assignment of responsibilities to MinistersThe King may after consultation with the Prime Minister by directions in writing assign to the Prime Minister or any other Minister responsibility for the conduct (subject to this Order or any other law) of any business of the Government of Swaziland including the administration of any department of government.
54. Exercise of the Prime Minister’s functions during his absence or illnessIf the Prime Minister is absent from Swaziland or is by reason of illness or any other cause whatsoever unable to exercise the functions conferred on him by this Order, such functions shall be exercised by the Deputy Prime Minister or if the Deputy Prime Minister is for any reason whatsoever unable to exercise the functions of the office of Prime Minister, by such other Minister as the King may, by directions, in writing, authorise in that behalf.
55. King to be consulted and informed concerning matters of GovernmentThe King may require the Prime Minister and other Ministers to consult with him on any matter relating to the Government of Swaziland, and the Prime Minister shall keep the King fully informed concerning the general conduct of the government of Swaziland and shall furnish him with such information as he may request in respect of any particular matter relating to the government of Swaziland.
56. Oaths of MinistersA Minister shall not enter upon the duties of his office unless he has taken and subscribed to the Oath of Allegiance and the oath for the due execution of his office that are set out in Schedule, 2 and such the Attorney-General or his Deputy.
57. Secretary to Cabinet
58. Direct of government departmentsIf a Minister has been charged with the responsibility for any department of government, he shall exercise general direction and control over such department and, subject to such direction and control, the department shall be under supervision of a principal secretary whose office shall be an office in the public service:
Part VIII – Repeals and savings
59. Saving of prior and existing laws
60. Repeal of Order-in-Council No. 23 of 1978The Establishment of the Parliament of Swaziland Order No. 23 of 1978 is hereby repealed.
History of this document
01 December 1998 this version
16 December 1992
10 December 1992