Eswatini 2005 Constitution

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 –

1. are transparent in their activities and accountable to the people they represent or serve;
2. are committed to the rule of law and administrative justice;
3. adhere to the principles of service for the common good;
4. do not abuse office; and
5. do not engage in conduct that is likely to lead to corruption in public affairs.

240. Conflict of interest

A person who holds an office referred to in section 241 (2) shall not-

1. assume a position where personal interest conflicts or is likely to conflict with the performance of functions of office; and
2. engage in conduct that is –
   1. likely to compromise the honesty, impartiality and integrity of that officer;
   2. likely to lead to corruption in public affairs; or
   3. which is detrimental to the public good or welfare or good governance.

241. Declaration of assets and liabilities

1. 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. 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

Parliament may make law –

1. prescribing penalties additional to those prescribed for breach of the Code;
2. prescribing procedures, guidelines and practices for ensuring the effective enforcement of the Code;
3. necessary for ensuring the promotion and maintenance of honesty, probity, impartiality and integrity in public affairs;
4. for the proper custody of declarations and other documents delivered to the Commission;
5. for the maintenance of secrecy in respect of all information received by the Commission in the course of its duties with respect to the assets, liabilities and income of any person referred to in section 240 (2); and
6. for a suitable judicial code of conduct.