Eswatini 2005 Constitution

FIRST SCHEDULE. SUMMONING AND PROCEDURE OF JOINT SITTINGS OF SENATE AND HOUSE OF ASSEMBLY (Sections 36, 115, 116, 117, 245, 246, 247)

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1. The King shall summon a joint sitting of the Senate and the House of Assembly –
   1. whenever the King is informed by the Prime Minister that it is necessary in order that a joint sitting may deliberate and vote upon the question of approval, extending approval, or revocation of a declaration of a state of emergency under section 37;
   2. in the circumstances mentioned in section 115(3), 116(1) or 117(1);
   3. whenever the King is informed by the President of the Senate or the Speaker of the House of Assembly that a member of the Senate or the House of Assembly, as the case may be, has given notice of the introduction of a bill to amend the Constitution in terms of section 245(2);
   4. whenever it is necessary, in order that a joint sitting of the Senate and the House of Assembly may deliberate and vote upon a bill to amend the Constitution in accordance with section 246(1) or 247(1).
2. Subject to sub-paragraph (5), the summons of a joint sitting –
   1. shall be by message to the Senate and the House of Assembly through the President or the Speaker, as the case may be;
   2. shall state the business which the sitting is summoned to transact; and
   3. shall appoint a day for the joint sitting, being not more that fourteen days after the date of the message in the case of a sitting for the purpose mentioned in sub-paragraph (1) (a) and not more than twenty-one days after the message in any other case.
3. The prorogation of Parliament shall not affect any business which a joint sitting of the Senate and the House of Assembly has, at the date of the prorogation, been summoned to transact in accordance with the provisions of this paragraph or, which is then under consideration by a joint sitting.
4. Subject to the provisions of sub-paragraph (5), any business pending for consideration or under consideration by a joint sitting when Parliament is dissolved shall lapse at the date of the dissolution.
5. The provisions of section 135 (which relates to the recall of the chambers of Parliament after a dissolution) shall apply for the purpose of authorising the recall of members of those chambers in a joint sitting as they apply for authorising the recall of the chambers of Parliament.

1. 1. The members of the Senate and the House of Assembly shall meet together in joint sitting on the day appointed and on any succeeding day or days that may be necessary and may deliberate and shall vote together upon the business the joint sitting was summoned to transact.
   2. Where a joint sitting of the Senate and the House of Assembly is summoned for the purpose of deliberating and voting upon a bill in the circumstances mentioned in section 116(1) the following provisions shall apply-
      1. the members of the Senate and the House of Assembly may deliberate and shall vote together upon such admissible amendments to the bill as may be proposed in the joint sitting;
      2. if the bill, with such admissible amendments, if any, as are agreed to by the joint sitting, is affirmed by the joint sitting, the bill as so affirmed shall be deemed to have been duly passed;
      3. for the purposes of this paragraph –
         1. if the bill has not been passed by the chamber to which it was sent with amendments and returned to the chamber in which it was introduced, there shall be admissible only such amendments, if any, as are made necessary by the delay in the passage of the bill;
         2. if the bill has been passed by the chamber to which it was sent with amendments and returned to the chamber in which it was introduced, there shall be admissible only such amendments, if any, as are made necessary by the delay in the passage of the bill and such other amendments as are relevant to the matters with respect to which the chambers have not agreed;
         3. the decision of the person presiding in the joint sitting as to the amendments that are admissible under the provisions of this sub-paragraph shall be final.

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1. 1. 1. Where a joint sitting of the Senate and the House of Assembly is summoned for the purpose of considering a bill referred back by the King in accordance with section 117(1) the following provisions shall apply –
         1. if the whole bill has been referred back, the joint sitting may deliberate and shall vote upon the bill as presented to the King for assent together with any amendment to any provision of the bill which may be proposed in the joint sitting;
         2. if the bill has been referred back for consideration of provisions of the bill specified by the King, the joint sitting may deliberate and shall vote upon the bill as presented to the King for assent together with any admissible amendment which may be proposed in the joint sitting;
         3. if the bill is affirmed with such amendments (if any) as are mentioned in the preceding sub-paragraphs and are agreed by the joint sitting, it shall be deemed to be duly passed.
      2. For the purposes of sub-paragraph (1) (b) there shall be admissible only amendments to the provisions specified by the King and such other amendments as are relevant to the matters contained in the King’s message, and the decision of the person presiding in the joint sitting as to the amendments that are admissible shall be final.
   2. The Speaker of the House of Assembly and the President of the Senate shall, in that order, preside alternately at joint sittings of the Senate and the House of Assembly and for the purpose of this paragraph the sitting or sittings necessary to dispose respectively of any motion for the purpose of section 36, of the business relating to any bill referred to a joint sitting in accordance with section 116(1) or 117(1), or of the business relating to any bill to amend the Constitution shall be regarded as a single sitting.
   3. A joint sitting shall not be disqualified for the transaction of business by reason of any vacancy in the membership of either chamber.
   4. If objection is taken by a member of either chamber who is present that there are present in that sitting (besides the person presiding) fewer than seventy-five members of the chambers of Parliament and, after such interval as may be prescribed in the rules of procedure applying to a joint sitting, the member presiding ascertains that there are still fewer than seventy-five members of the chambers of Parliament present, the member presiding shall thereupon adjourn the joint sitting.

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1. 1. Save as otherwise provided in this Constitution, any question proposed for decision in a joint sitting of the Senate and the House of Assembly shall be determined by a majority of the votes of the members of Parliament present and voting.
   2. A President elected from among persons who are Senators or a Speaker elected from among persons who are members of the House (whether or not that President or Speaker is presiding in a joint sitting) shall have an original but not a casting vote.
   3. A President or Deputy President of the Senate elected from among persons who are not Senators or a Speaker or a Deputy Speaker of the House of Assembly elected from among persons who are not members of the House shall have no vote.
   4. The Attorney-General shall have no vote.
   5. Subject to the provisions of sections 36(4) 36(7) and 246(1) or 244(1), if upon any question before a joint sitting the votes of the persons entitled to vote are equally divided the motion shall be lost.
   6. If the rules of procedure of a chamber of Parliament make provision under which a member who votes upon a question in which that member has a direct pecuniary interest shall be deemed not have voted, those rules of procedure shall have effect for determining whether a member of that chamber has voted in a joint sitting.
2. Subject to the provisions of this Schedule, the rules of procedure for the time being of the House of Assembly shall apply, with the necessary modifications, for regulating any proceedings of a joint sitting under this Constitution which correspond to proceedings of the House of Assembly.