CHAPTER V. DIRECTIVE PRINCIPLES OF STATE POLICY AND DUTIES OF THE CITIZEN
56. General objectives
The Directive Principles of State Policy contained in this Chapter shall guide all organs and agencies of the State, citizens, organisations and other bodies and persons in applying or interpreting this Constitution or any other law and in taking and implementing any policy decisions, for the establishment of a just, free and democratic society.
The Prime Minister shall report to Parliament at least once a year all the steps taken to ensure the realization of the directive principles contained in this Chapter.
. The provisions of sections 57 to 63 inclusive are not enforceable in any court or tribunal.
The distribution of powers and functions as well as checks and balances provided for in this Constitution among the various organs and institutions of Government shall be supported through the provision of adequate resources for their effective functioning at all levels.
57. Law enforcement objectives
Law enforcement officials shall at all times fulfil the duty imposed upon them by the law by serving the community and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession.
In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.
Law enforcement officials may not inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances as a justification of torture or other cruel, inhuman or degrading treatment or punishment.
Law enforcement officials shall not commit any act of corruption. They shall also rigorously oppose and combat all those acts.
58. Political objectives
Swaziland shall be a democratic country dedicated to principles which empower and encourage the active participation of all citizens at all levels in their own governance.
In the conduct of public affairs the State shall be guided by the principle of decentralisation and devolution of governmental functions and powers to the people at appropriate levels where the people can best manage and direct their own affairs.
The State shall cultivate among all the people of Swaziland through various measures including civic education respect for fundamental human rights and freedoms and the dignity of the human person.
All associations aspiring to manage and direct public affairs shall conform to democratic principles in their internal organisations and practice.
All lawful measures shall be taken to expose, combat and eradicate corruption and abuse or misuse of power by those holding political and other public offices.
The State shall promote, among the people of Swaziland, the culture of political tolerance and all organs of State and people of Swaziland shall work towards the promotion of national unity, peace and stability.
The State shall provide a peaceful, secure and stable political environment which is necessary for economic development.
59. Economic objectives
The State shall take all necessary action to ensure that the national economy is managed in such a manner as to maximise the rate of economic development and to secure the maximum welfare, freedom and happiness of every person in Swaziland and to provide adequate means of livelihood and suitable employment and public assistance to the needy.
The State shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include –
the guarantee of a fair and realistic remuneration for production and productivity in order to encourage continued production and higher productivity;
affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy;
ensuring that individuals and the private sector bear their fair share of social and national responsibilities including responsibilities to contribute to the overall development of the country;
undertaking even and balanced development of all regions and in particular improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between the rural and urban areas; and
the recognition that the most secure democracy is the one that assures the basic necessities of life for its people as a fundamental duty.
The State shall take appropriate measures to promote the development of agriculture and industry.
Foreign direct investment shall be encouraged subject to any law regulating investment.
The State shall afford equality of economic opportunity to all citizens and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of economic development.
The State shall endeavour to settle the “land issue” and the issue of land concessions expeditiously so as to enhance economic development and the unity of the Swazi people.
60. Social objectives
The State shall guarantee and respect institutions which are charged by the State with responsibility for protecting and promoting human rights and freedoms by providing those institutions with adequate resources to function effectively.
The State shall guarantee and respect the independence of non- governmental organisations which protect and promote human rights.
The State shall give the highest priority to the enactment of legislation for economic empowerment of citizens.
The State shall ensure gender balance and fair representation of marginalized groups in all constitutional and other bodies.
The State shall make reasonable provision for the welfare and maintenance of the aged and shall protect the family and recognise the significant role of the family in society.
The State and society shall recognise the right of persons with disabilities to respect and human dignity.
The State shall promote recreation and shall ensure that adequate facilities for sports are provided throughout the country and that sports are provided as a means of fostering national integration, health and self-discipline as well as international friendship and understanding.
Without compromising quality the State shall promote free and compulsory basic education for all and shall take all practical measures to ensure the provision of basic health care services to the population.
The State shall institute an effective machinery for dealing with any hazard or disaster arising out of natural calamities or any situation resulting in general displacement of people or serious disruption of their normal life.
The State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole.
The State shall endeavour to preserve and protect places of historical interest and artefacts and the environment.
All public offices shall be held in trust for the people and the State shall do everything to ensure transparency in the conduct of public affairs.
61. Foreign policy objectives
In its dealings with other nations, the Government shall –
promote and protect the interests of Swaziland;
seek the establishment of a just and equitable international economic and social order;
promote respect for international law, treaty obligations and the settlement of international disputes by peaceful means;
be opposed to all forms of domination, racism and other forms of oppression and exploitation.
Swaziland shall actively participate in international and regional organisations that stand for peace and for the well-being and progress of humanity.
62. Objectives on independence of the judiciary
The independence of the judiciary as enshrined in this Constitution or any other law shall be guaranteed by the State. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue is within its competence as defined by law.
There shall be no inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review in accordance with the law.
Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments, promotion or transfer for improper motives.
The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.
63. Duties of the citizen
The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to –
uphold and defend this Constitution and the law;
promote the prestige and good name of Swaziland and respect the symbols of the nation;
further the national interest and to foster national unity;
respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
promote democracy and the rule of law;
work conscientiously in the lawfully chosen occupation of that citizen;
protect and preserve public property, and to combat misuse and waste of public funds and property;
co-operate with lawful agencies in the maintenance of law and order; and
protect and safeguard the environment.
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