Eswatini 2005 Constitution

CHAPTER XI. PUBLIC FINANCE

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 Monies shall not be withdrawn from the Consolidated Fund except-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 Monies shall not be withdrawn from any public fund of Swaziland other than the Consolidated Fund or any Contingencies Fund unless the withdrawal of those moneys has been authorised by an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 Monies shall not be withdrawn from the Consolidated Fund except in the manner prescribed by an Act of Parliament.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.