Without prejudice to the provisions of section 228, King and iNgwenyama of Swaziland is an hereditary Head of State and shall have such official name as shall be designated on the occasion of his accession to the Throne.
The King and iNgwenyama is a symbol of unity and the eternity of the Swazi nation.
The King and iNgwenyama is the-
Commander-in-Chief of the Defence Force;
Commissioner-in-Chief of the Police Service; and
Commissioner-in-Chief of the Correctional Services.
The King and iNgwenyama has such rights, prerogatives and obligations as are conferred on him by this Constitution or any other law, including Swazi law and custom, and shall exercise those rights, prerogatives and obligations in terms and in the spirit of this Constitution.
5. Succession to the Throne
Succession to the office of King and iNgwenyama is hereditary and governed by this Constitution and Swazi law and custom.
Where the office of King and iNgwenyama becomes vacant the successor to the Throne shall be determined and declared in accordance with Swazi law and custom.
6. Umntfwana (Crown Prince)
Until he accedes to the Throne, a person declared a successor under section 5, shall be designated as Umntfwana.
Unless the situation otherwise requires, Umntfwana shall accede to the Throne when he has attained the age of eighteen years.
Umntfwana, before being declared king shall be installed iNgwenyama in accordance with Swazi law and custom.
Umntfwana shall not assume any of the duties of the office of King and iNgwenyama until he accedes to the Throne.
The Crown Prince shall be entitled to such training, allowance and other privileges as may be prescribed appropriate to his status.
7. The Ndlovukazi
Without prejudice to the provisions of section 229, the Ndlovukazi is traditionally the mother of the King and iNgwenyama and is appointed in accordance with Swazi law and custom.
Until the King and iNgwenyama has been installed, that is to say, until he has publicly assumed the functions and responsibilities of the King and iNgwenyama in accordance with this Constitution and Swazi law and custom, or during any period when he is by reason of absence from Swaziland or any other cause unable to perform the functions of his office, those functions shall be performed, save as otherwise provided in this Constitution, by the Ndlovukazi acting as Queen Regent.
In her capacity as Queen Regent, the Ndlovukazi shall be assisted and advised by the Umntfwanenkhosi Lomkhulu -in-Libandla.
The Queen Regent shall be entitled to such remuneration as may be prescribed and that remuneration shall be paid out of the Consolidated Fund and shall not be reduced during the continuance in office of the Queen Regent.
Civil proceedings shall not be instituted or continued in respect of which relief is claimed against the Queen Regent for anything done or omitted to be done by the Queen Regent in her private capacity and shall not be summoned to appear as a witness in any civil or criminal proceedings.
Where provision is made by law limiting the time within which proceedings of any description may be brought against a person, the period during which that person held a position of Queen Regent shall not be taken into account in calculating the period of time prescribed by that law which determines whether any such proceedings as are mentioned in this section may be brought against that person.
The Queen Regent shall be immune from taxation in respect of –
any remuneration received in terms of subsection (4);
all income accruing to her in her private capacity; and
all property owned by her in her private capacity and so far as the taxation relates to the period of regency.
The Ndlovukazi shall, before commencing to act as Queen Regent take and subscribe an oath for the due execution of office in accordance with Swazi law and custom.
The Queen Regent shall hand over her office to the Ndlovukazi when Umntfwana assumes the office of King and iNgwenyama.
8. Umntfwanenkhosi Lomkhulu (Senior Prince)
Without prejudice to the provisions of section 234, Umntfwanenkhosi Lomkhulu is appointed in accordance with Swazi law and custom.
Where the Ndlovukazi in her capacity as Queen Regent is temporarily out of the Kingdom or for any reason temporarily unable to perform the functions of her office, subject to any requirements under Swazi law and custom, the Umntfwanenkhosi Lomkhulu may perform those functions subject to any specific instructions she may make.
Umntfwanenkhosi Lomkhulu when acting in terms of subsection (2) shall be entitled to such remuneration as may be prescribed and that remuneration shall be paid out of the Consolidated Fund and shall not be reduced during his continuance in office.
Civil proceedings shall not be instituted or continued in respect of which relief is claimed against the Umntfwanenkhosi Lomkhulu when acting in terms of subsection (2) for anything done or omitted to be done by him in his private capacity and he shall not be summoned to appear as a witness in any civil or criminal proceedings.
Where provision is made by law limiting the time within which proceedings of any description may be brought against a person, the period during which that person held a position of Umntfwanenkhosi Lomkhulu in terms of subsection (2) shall not be taken into account in calculating the period of time prescribed by that law which determines whether such proceedings as are mentioned in this section may be brought against that person.
The Umntfwanenkhosi Lomkhulu when acting in terms of subsection (2) shall be immune from taxation in respect of –
any remuneration received in terms of subsection (3);
all income accruing to him in his private capacity; and
all property owned by him in his private capacity in so far as the taxation relate to the period of regency.
Umntfwanenkhosi Lomkhulu shall, before commencing to act in terms of subsection (2) take and subscribe an oath for the due execution of the office in accordance with Swazi law and custom.
9. Civil List of King and iNgwenyama
The King and iNgwenyama shall be paid such emoluments and shall have such Civil List as may be prescribed.
Any remuneration prescribed under this section shall be a charge on and paid out of the Consolidated Fund and shall not be reduced during the continuance in office of King and iNgwenyama.
10. Immunity of King and iNgwenyama
The King and iNgwenyama shall be immune from taxation in respect of his Civil List, all income accruing to him and all property owned by him in any private capacity.
11. Protection of King and iNgwenyama in respect of legal proceedings
The King and iNgwenyama shall be immune from –
suit or legal process in any cause in respect of all things done or omitted to be done by him; and
being summoned to appear as a witness in any civil or criminal proceeding.
12. Oath by King and iNgwenyama
The King and Ngwenyama shall upon his installation as King and Ngwenyama take and subscribe an oath for the due execution of his office in accordance with Swazi law and custom.
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