Eswatini 2005 Constitution - Page 8 of 22

Table of Contents

CHAPTER VII. THE LEGISLATURE

Part 1a. System of Government

79. System of government

The system of government for Swaziland is a democratic, participatory, tinkhundla-based system which emphasises devolution of state power from central government to tinkhundla areas and individual merit as a basis for election or appointment to public office.

80. Tinkhundla

For purposes of political organisation and popular representation of the people in Parliament, Swaziland is divided into several areas called tinkhundla.
An inkhundla
1. is established by the King on the recommendation of the Elections and Boundaries Commission;
2. consists of one or more chiefdoms which act as nomination areas for the elected members of the House (the primary level elections);
3. is, among other things, also used as a constituency for the election of the elected members of the House (the secondary level elections).
The tinkhundla units or areas, inspired by a policy of decentralisation of state power, are the engines of development and the central pillars underpinning the political organisation and economic infrastructure of the country through which social services to the different parts of the Swazi community are facilitated and delivered.

81. Bucopho (Inkhundla Committee

An inkhundla, as a local authority area, is under the general administration of an executive committee called Bucopho.
Bucopho consists of persons elected from the chiefdoms or polling divisions within an inkhundla and shall have same qualifications as a Member of Parliament.
Bucopho operates under the chairmanship of the Indvuna YeNkhundla who supervises the activities of the inkhundla and also convenes and presides over meetings of the inkhundla.
An inkhundla represented by the bucopho has a corporate status and may perform acts as bodies corporate may perform.

82. Regional Administration

Swaziland is divided into four administrative Regions, namely, Hhohho, Lubombo, Manzini and Shiselweni.
Each Region is divided into as many tinkhundla as may be recommended by the Elections and Boundaries Commission.
Each Region has a Regional Council consisting of persons nominated by each inkhundla in that Region from among the Bucopho members in the Region.
A Regional Council shall advise the Regional Administrator, on the administration of the Region and coordinate social and economic development of the Region and perform such other functions within the Region as may be prescribed.
A Regional Council may be subdivided into portfolio committees.

83. Regional Administrator

Each Region is headed by an administrative official called the Regional Administrator.
The Regional Administrator is appointed by the King on the advice of the Minister responsible for tinkhundla.
The Regional Administrator shall convene and preside over meetings of the Regional Council and perform such other functions as may be prescribed.
A Regional Administrator has the status of a deputy minister and has such other benefits and privileges as may be prescribed.
A Regional Administrator may resign from office or be removed from office by the King on the advice of the Prime Minister or after a resolution of no confidence passed by a two-thirds majority of all members of the Regional Council.

Part 1b. Representation of the people

84. Right to representation

Subject to the provisions of this Constitution, the people of Swaziland have a right to be heard through and represented by their own freely chosen representatives in the government of the country.
Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures.

85. Right to vote at elections

Subject to the provisions of this Constitution, every Swazi or person ordinarily resident in Swaziland has a right to vote at any election of members of the House or members of the Bucopho.
A person is not entitled to vote in terms of subsection (1) if that person is for any reason unable to attend in person at the place and time prescribed for polling except as it may otherwise be prescribed.
A person shall not vote at any election in terms of this section except at an inkhundla where that person is registered as a voter unless a special polling arrangement has been prescribed.
A person is not entitled to stand as a candidate for election in terms of this section or section 86 unless that person is registered as a voter in that inkhundla or Region.

86. Representation of women

Where at the first meeting of the House after any general election it appears that female members of Parliament will not constitute at least thirty percentum of the total membership of Parliament, then, and only then, the provisions of this section shall apply.
For the purposes of this section, the House shall form itself into an electoral college and elect not more than four women on a regional basis to the House in accordance with the provisions of section 95(3).

87. Election by secret ballot

The election of persons to any chamber of Parliament or Bucopho shall be by secret ballot at both primary and secondary levels or any other level in accordance with the first-past-the-post system in which the person receiving the highest number of votes is elected.
For the purposes of subsection (1), the votes shall be cast in ballot boxes of a design calculated to ensure efficiency and reliability.
Notwithstanding the principle of secrecy, a voter who is handicapped may be assisted in casting the vote.
All nominations for Bucopho, or member of Parliament shall be open and supported by at least ten persons qualified to vote in that inkhundla.
At the primary level, there shall be no canvassing for votes as persons are nominated (that is, invited to serve) on the basis of their being known to that community.
For purposes of this section, nomination or election at “primary” or “secondary” level means nomination or election of the elected member of Parliament or Bucopho as the case may be at the level of chiefdom or polling division or inkhundla respectively.

88. Qualification as a voter

Subject to the provisions of section 89, a person is qualified to be registered as a voter if, and is not otherwise qualified unless, that person has attained the age of eighteen years and is a citizen of or is ordinarily resident in Swaziland.
A person qualified for the purposes of this section is entitled to be registered as a voter in one inkhundla only.
A person is “ordinarily resident” in Swaziland where that person has lived in, or has been associated with, that inkhundla for a period of not less than five years or is permanently resident in Swaziland and has relevant documents to that effect.

89. Disqualification as a voter

A person is not qualified to be registered as a voter or to vote where that person

is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Swaziland;
is, for an act which is a criminal offence under the law of Swaziland, under sentence of death or life imprisonment imposed on that person by a court in any country; or
is disqualified for registration as a voter under any law for the time being in force in Swaziland relating to offences connected with elections.

Part 1c. Elections and Boundaries Commission

90. Elections and Boundaries Commission

There shall be an independent authority styled the Elections and Boundaries Commission (“the Commission”) for Swaziland consisting of a chairperson, deputy chairperson and three other members.
The members of the Commission shall be appointed by the King on the advice of the Judicial Service Commission.
A person shall not be appointed member of the Commission where that person –
1. is a member of Parliament;
2. is or has been in the last five years actively engaged in politics;
3. is a public officer other than judge of a superior court or magistrate;
4. is an unrehabilitated insolvent;
5. has been convicted of an offence involving dishonesty in any country during the last ten years.
A person shall be deemed to be “actively engaged in politics” or to have been so engaged during the relevant period or any part of that period where that person .
1. is or was at any time during that period a member of the House or a Senator;
2. is or was at any time during that period, nominated as a candidate for election to the House or Bucopho Committee; or
3. is or was at any time during that period the holder of an office in any organisation that sponsors or supports or has at any time sponsored or supported a candidate for election as a member of the House or Bucopho committee.
The members of the Commission shall be appointed for a period not exceeding twelve years without the option for renewal.
The chairperson, deputy chairperson and the other members of the Commission shall possess the qualifications of a Judge of the superior courts or be persons of high moral character, proven integrity, relevant experience and demonstrable competence in the conduct of public affairs.
The functions of the Commission shall be to .
1. oversee and supervise the registration of voters and ensure fair and free elections at primary, secondary or other level;
2. facilitate civic or voter education as may be necessary in between elections;
3. review and determine the boundaries of tinkhundla areas for purposes of elections;
4. perform such other functions in connection with elections or boundaries as may be prescribed;
5. produce periodic reports in respect of work done.
Three members of the Commission including either the chairman or deputy chairman shall constitute a quorum.
A member of the Commission shall not enter upon the duties of that Commission until that member has taken and subscribed the oath of allegiance and oath for the due execution of office that are set out in the Second Schedule.
The provision of this Constitution relating to the removal of judges of the superior courts from office shall, subject to any necessary modifications, qualifications or adaptations, apply to the removal from office of the chairperson and other members of the Commission.
The office of any member of the Commission shall become vacant where that member resigns or circumstances arise that would disqualify that member for appointment as such.
If before the Commission has submitted its report under section 92 the office of chairperson or any other member of the Commission falls vacant or the holder of that office becomes unable for any reason to discharge the functions as chairperson or member of the Commission the King shall appoint another person to be chairperson or member as provided under subsection (2).
In the exercise of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority.
There shall be a secretariat of the Commission provided by the Ministry responsible for elections.

91. Review of tinkhundla boundaries

During the fourth year of Parliament, the Elections and Boundaries Commission shall review the number and boundaries of tinkhundla (constituencies) into which Swaziland is divided and submit to the King a report with recommendations to change or retain the existing position.
The report under this section shall be made at least nine months before the dissolution of Parliament in terms of section 134(2).
The boundaries of each inkhundla shall be such that the number of inhabitants of an inkhundla is as nearly equal to the population quota as is reasonably practicable having regard to the terrain, the means of communication (transport) within that inkhundla and any other relevant community interest.
The boundaries of an inkhundla shall not extend over more than one Region.
In this section “population quota” means the number obtained by dividing the number of inhabitants of the Region (as ascertained by reference to the latest national population census) by the number of tinkhundla into which the Region is to be divided under section 80.

92. Report of the Elections and Boundaries Commission

The Commission shall as soon as practicable after every election produce and submit a report on that election to the minister responsible for elections, stating .
1. the general conduct of the elections and the number of voters who participated;
2. any irregularities or abnormalities observed;
3. whether any nomination or election was disputed and with what result;
4. any observed or remarkable peculiarities;
5. recommendations, if any.
The report of the Commission in terms of section 91 shall state, among other things, whether –
1. any alteration is necessary to the boundaries of any inkhundla;
2. any one additional inkhundla or more should be established; or
3. any inkhundla should be abolished or merged with any other.
The report of the Commission under section 91 shall also contain the proposed boundaries of the affected inkhundla or tinkhundla.
The King shall as soon as practicable after the submission of the report of the Commission and in any event not later than six months before the dissolution of Parliament in terms of section 134(2), by proclamation in the Gazette declare the boundaries of an inkhundla or tinkhundla as delimited by the Commission to be effective at the next dissolution of Parliament or so soon thereafter as may be convenient for the next general elections.

Part 2. Composition of Parliament

93. Parliament

The Parliament of Swaziland shall consist of a Senate and a House of Assembly.

94. Senate

The Senate shall consist of not more than thirty-one members (in this Constitution referred to as “Senators”) who shall be elected or appointed in accordance with this section.
Ten Senators, at least half of whom shall be female, shall be elected by the members of the House in such manner as may be prescribed by or under any law at their first meeting so as to represent a crosssection of the Swazi society.
Twenty Senators, at least eight of whom shall be female, shall be appointed by the King acting in his discretion after consultation with such bodies as the King may deem appropriate.
The Senators appointed in terms of subsection (3) shall be persons who, in the opinion of the King –
1. are able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalized interests not already adequately represented in Parliament; or
2. are by reason of their particular merit, able to contribute substantially to the good government and progressive development of Swaziland.

95. House of Assembly

Subject to the provisions of this Constitution, the House of Assembly shall consist of not more than seventy-six members composed as follows –
1. not more than sixty members elected from tinkhundla areas serving as constituencies;
2. not more than ten members nominated by the King acting in his discretion after consultation with such bodies as the King may deem appropriate;
3. four female members specially elected from the four Regions subject to subsection (3);
4. the Attorney-General who shall be an ex officio member.
The nominated members of the House shall be appointed by the King.
1. so that at least half of them are female; and
2. so as to represent interests, including marginalized groups, not already adequately represented in the House.
The members elected on a regional basis, under subsection (1)(c), shall continue to be so elected, whenever the provisions of section 86 (1) are true, in terms of the following paragraphs .
1. at the instance of the Chairman of the Elections and Boundaries Commission, the elected members from each Region shall on their first meeting nominate not less than three and not more than five women from each Region qualified to be members of Parliament;
2. the list of nominated candidates shall be published in at least two local newspapers and the electronic media on at least three consecutive days; and
3. after ten days from the date of last publication the House shall meet to vote for one woman from each of the Regions, taking into consideration any relevant in-put in terms of paragraph (b).

96. Qualifications for membership of Parliament

Subject to the provisions of this Constitution, a person qualifies to be appointed, elected or nominated, as the case may be, as a Senator or a member of the House if that person –

is a citizen of Swaziland;
has attained the age of eighteen years and is a registered voter;
has paid all taxes or made arrangements satisfactory to the Commissioner of Taxes; and
is registered as a voter in the inkhundla in which that person is a candidate (in the case of elected members)

97. Disqualifications for membership of Parliament

Notwithstanding the provisions of section 96, a person does not qualify to be appointed, elected or nominated as the case may be, a Senator or member of the House if that person –
1. has been adjudged or otherwise declared-
  1. insolvent under any law and has not been rehabilitated; or
  2. to be of unsound mind;
2. is under sentence of death or of imprisonment for more than six months for an act which is a criminal offence in Swaziland;
3. is a member of the armed forces of Swaziland or is holding or acting in any public office and has not been granted leave of absence for the duration of Parliament;
4. is not qualified to be a voter under any provision of this Constitution;
5. is otherwise disqualified by law in force in Swaziland relating to general elections;
6. has been found to be incompetent to hold public office under any law relating to tenure of public office whether elected or not;
7. is a party to, or is a partner in, a firm or a director or manager, of a company which is a party to any subsisting Government contract and has not made the required disclosure of –
  1. the nature of the contract;
  2. the interest of that person in the contract;
  3. the interest of that firm or company in the contract;
8. holds or is acting in any office the functions of which involve any responsibility for or in connection with the conduct of any election or the compilation or a revision of any electoral register.
For the purposes of subsection (1)(g), the required disclosure shall be .
1. in the case of an elected Senator, to the elected members of the House through the Speaker of the House soon after the election;
2. in the case of an appointed Senator or nominated member of the House, to the King through the President of the Senate or the Speaker of the House as the case may be soon after appointment is made;
3. in the case of an elected member of the House, during the period commencing with the writ for election in the Gazette and ending three days before the date of the election by publication of a notice in English in the Gazette and in English and Siswati in a newspaper circulating in Swaziland.
Any disclosure made in terms of subsection 1(g) shall be posted conspicuously for a period of at least one month within the Parliament building.
In this section “Government contract” means any contract with the Government for or on any account of the public service the consideration for which exceeds five thousand Emalangeni or such other amount as Parliament may prescribe or which forms part of a larger transaction or series of transactions in respect of which the amount or value or the aggregate amount or value of the transaction exceeds five thousand Emalangeni.

98. Tenure of seats of members of Parliament

The seat of a Senator or of a member of the House shall become vacant where-
1. Parliament is dissolved;
2. the holder of that seat resigns in writing addressed to the Clerk to Parliament;
3. the holder is absent from twenty sittings of the chamber during any meeting of that chamber without the permission in writing of the presiding officer and is unable to offer a reasonable explanation to the Parliamentary Committee on Privileges;
4. circumstances arise that would cause the holder to be disqualified or ineligible for election or appointment;
5. the holder is expelled by a resolution of at least two-thirds of all members of a chamber for contempt of Parliament;
6. the holder becomes a member of the other chamber of Parliament;
7. the holder becomes a party to any Government contract contrary to section 97 (1) (g).
If in the circumstances it appears to them to be just to do so, the Senate or the House as the case may be, may by a resolution exempt the holder of a seat from vacating the seat as required under subsection (1) (h) where the holder before becoming a party to the contract or before or as soon as practicable after becoming otherwise interested in the contract discloses to the President or the Speaker as the case may be the interest of that holder.

99. Vacation of seat on sentence, etc

Where a member of the Senate or the House is for an offence which is a criminal offence in Swaziland sentenced by a court in any country to death or imprisonment (by whatever name called) for a term of or exceeding six months, including a suspended sentence, that member shall forthwith cease to be such a member and the seat of that member shall become vacant at the expiration of a period of sixty days from date of that sentence.
The provisions of subsection (1) shall not apply where before the expiration of the period of sixty days the member receives a free pardon or the conviction is set aside or the sentence is reduced to a term of less than six months or a punishment other than imprisonment is substituted.
Where in terms of subsection (2) the sentence of the member has been reduced to a term less than six months but more than two months the member shall be deemed to have been suspended by the Senate or House as the case maybe for the duration of the effective term of imprisonment unless the concerned chamber resolves otherwise.

100. President of Senate

When the Senate first meets after any general election, and before it proceeds to despatch any other business, it shall elect, from within the Senate or outside the Senate, a person to be the President of the Senate in accordance with the Standing Orders.
Where the office of the President falls vacant at any time before the next dissolution of Parliament the Senate may elect as soon as practicable another person to the office of President.
A person shall not be elected President unless that person has some parliamentary experience and is otherwise able to maintain order in the Senate and properly guide the Senators in their business in terms of the Standing Orders.
A person shall not be elected President from outside the Senate unless that person qualifies in terms of this Constitution to be elected or appointed as a Senator.
A person shall not hold the position of President of Senate and that of a Cabinet Minister simultaneously.
The salary and other allowances payable to the President shall not be varied to the disadvantage of the President during tenure of office.
The office of President shall become vacant .
1. where the President resigns in writing addressed to the Clerk to Parliament;
2. where the Senate passes a resolution by not less than two-thirds of all its members to that effect;
3. where circumstances arise which would render that President disqualified or ineligible to be a Senator under this Constitution or any other law; or
4. where the President for any reason ceases to be a member of the Senate.
The person elected President of Senate shall not enter upon the duties of the office unless that person has taken and subscribed before the Senate the oath of allegiance set out in the Second Schedule.

101. Deputy President of Senate

The Deputy President of Senate shall be elected from among the Senators at the first meeting of the Senate after any general election or whenever such office has become vacant, in accordance with the Standing Orders.
The Deputy President shall perform the functions of the President whenever the President is absent or is for any reason unable to perform the functions of that office or when the President authorises the Deputy to do so.
The provisions of section 100(5), (6), (7) and (8) shall apply to the office of the Deputy President as they apply to the office of President.
The office of Deputy President shall also become vacant where the Deputy is elected President of the Senate.

102. The Speaker of the House

When the House of Assembly first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person from within or outside the House to be the Speaker of the House of Assembly, in accordance with the Standing Orders.
Where the office of Speaker falls vacant at any time before the next dissolution of Parliament, the House may elect as soon as practicable another person to that office.
A person shall not be elected Speaker of the House unless that person has some parliamentary experience and is otherwise able to maintain order in the House and properly guide the members of the House in the discharge of the business of the House in terms of the Standing Orders.
A person shall not be elected Speaker from outside the House if that person would be disqualified to be a member of the House under this Constitution or any other law.
A person elected shall not hold the position of Speaker of the House and that of a Cabinet Minister simultaneously.
The salary and other allowances payable to the Speaker shall not be varied to the disadvantage of the Speaker during the tenure of office.
The office of Speaker of the House shall become vacant where .
1. the Speaker resigns in writing addressed to the Clerk to Parliament;
2. the House passes a resolution by not less than two-thirds of all its members to that effect;
3. any circumstance arises which would render the Speaker disqualified or ineligible to be a member of the House under this Constitution or any other law; or
4. for any reason the Speaker ceases to be a member of the House.
The person elected Speaker of the House shall not enter upon the duties of the office unless that person has taken and subscribed the oath of allegiance set out in the Second Schedule.

103. Deputy Speaker of the House

When the House first meets after any general election it shall elect from among the members of the House a person to be Deputy Speaker of the House of Assembly.
Where the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament the House may elect as soon as practicable another person to that office.
The provisions of section 102 (5), (6), (7) and (8) shall apply to the office of Deputy Speaker as they apply to the office of Speaker.
The office of Deputy Speaker shall also become vacant where the Deputy is elected Speaker of the House.

104. Acting President and Speaker

Where the office of President or Deputy President is vacant or the holder of the office of President or Deputy President is for any reason unable to perform the functions of that office, the Senate may elect a person (not being a Minister) from among the members of the Senate to act as President until the President or Deputy President has been elected or as the case may be, the President or Deputy President has resumed the functions of that office.
Where the office of Speaker or Deputy Speaker is vacant or the holder of the office of Speaker or Deputy Speaker is for any reason unable to perform the functions of that office the House may elect a person (not being a Minister) from among the members of the House to act as Speaker until the Speaker or Deputy Speaker is elected or, as the case may be, the Speaker or Deputy Speaker has resumed the functions of that office.
The provisions of sections 100 (5), (6), (7) and (8) and 102 (5), (6), (7) and (8) shall apply in relation to a person elected under this section as they apply in relation to the holder of the office of President or Speaker.

105. Decision as to membership of Parliament

The High Court shall have jurisdiction to hear and determine any question whether –
1. any person has been validly elected or appointed as a Member of Parliament;
2. any person has been validly elected as President, Deputy President, Speaker or Deputy Speaker; or
3. any person, having been validly elected as President, Deputy President, Speaker or Deputy Speaker, has validly vacated that office.
A person aggrieved by the determination of the High Court under this section may appeal to the Supreme Court within thirty days.
The Attorney General or any member of the chamber in which the question under this section is raised or any aggrieved person may make application to the High Court in terms of subsection (1).
In the exercise of the functions under this section, the Attorney General shall not be subject to the direction or control of any other person or authority.
Provision may be made by Act of Parliament with respect to
1. the circumstances and manner in which and the conditions upon which any application may be made to the High Court under this section; or
2. the powers, practice and procedure of the High Court in relation to any application under this section.
Subject to any provisions made by Act of Parliament under subsection (5) the Chief Justice may make rules for regulating the practice and procedure of the High Court under this section.

Part 3a. Legislation in Parliament

106. Power to make laws

Subject to the provisions of this Constitution .

the supreme legislative authority of Swaziland vests in the King-in- Parliament;
the King and Parliament may make laws for the peace, order and good government of Swaziland.

107. Exercise of power to make laws

Subject to the provisions of this Constitution, the power of the King and Parliament to make laws shall be exercised by bills –

passed by both chambers of Parliament;
passed by the House in the cases referred to in sections 112, 113, 114 and 116 (2);
passed at a joint sitting of the Senate and the House, in the cases referred to in sections 115(3), 116 (1) 117, and Chapter XVII;
passed by the Senate in the case referred to in section 115 (4), and assented to by the King under his hand.

108. Assent to bills

A bill shall not become law unless the King has assented to it and signed it in token of that assent.
Subject to the provisions of sections 117 and 246, a bill shall be presented to the King for assent where, and shall not be so presented unless, that bill has been passed by .
1. both Houses of Parliament without any amendments or with such amendments only as are agreed to by both Houses;
2. the House in terms of sections 112, 113, 114 and 116 (2);
3. the Senate in terms of section 115 (4);
4. a joint sitting of the Senate and the House in terms of sections 115 (3), 117 (1), 118 and Chapter XVII.
Where a bill that has been duly passed is presented to the King for assent the King shall signify that he assents or withholds assent .
1. in the case of an appropriation bill, or bill for a law to amend this Constitution, within ten days;
2. in the case of any other bill, within twenty-one days.

109. When laws come into operation

The Attorney-General shall cause a bill that has been duly passed and assented to in accordance with this Constitution, to be published in the Gazette as law as soon as practicable.
A law made by the King and Parliament shall not come into operation until that law has been published in the Gazette.
Subject to the provisions of section 119, the King and Parliament may state when a law or part of the law shall come into operation.
Laws made by the King and Parliament in terms of this Constitution shall be styled “Acts of Parliament”, and the words of enactment shall be “ENACTED by the King and the Parliament of Swaziland”.

110. Introduction of bills

A bill may be introduced in either chamber of Parliament except that

a money bill shall not be introduced in the Senate,
a bill affecting matters in terms of section 115 shall not be introduced in the House.

111. Bills settling financial matters

Except with the consent of the Cabinet signified by the Prime Minister or the Minister responsible for finance, neither chamber of Parliament shall –

proceed upon any bill including an amendment to a bill that in the opinion of the person presiding makes provision for any of the following –
1. the imposition of taxation or the alteration of taxation otherwise than by reduction;
2. the imposition of any charge upon the Consolidated Fund or other public funds of Swaziland or the alteration of any such charge otherwise than by reduction;
3. the payment, issue or withdrawal, from the Consolidated Fund or other public funds of Swaziland of any moneys not charged on the Consolidated Fund or any increase in the amount of that payment, issue or withdrawal, or the composition or remission of any debt due to the Government; or
proceed upon any motion including an amendment to a motion the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in paragraph (a) of this section.

112. Limitation on powers of Senate . appropriation bills

When a bill that in the opinion of the Speaker is an appropriation bill is sent to the Senate from the House that bill shall bear a certificate of the Speaker that it is an appropriation bill.
Where a bill passed by the House and certified by the Speaker as an appropriation bill is sent to the Senate that bill shall forthwith be introduced in the Senate and passed by the Senate without delay.
Where the bill in terms of subsection (2) –
1. is not passed by the Senate by the end of the seventh day after the day on which the bill was sent to the Senate; or
2. is passed by the Senate with amendments to which the House does not agree within the period referred to in paragraph (a),
the bill, with such amendments, if any, as may have been agreed to by both chambers, shall, unless the House otherwise resolves, be presented to the King for assent.

113. Limitation on powers of Senate – other money bills

When a bill that in the opinion of the Speaker is a money bill other than an appropriation bill is sent to the Senate from the House that bill shall bear a certificate of the Speaker that the bill is a money bill other than an appropriation bill.
Subject to the provisions of section 114, where a bill passed by the House and certified as provided under subsection (1) is sent to the Senate at least thirty days before the end of the session, the Senate shall pass that bill, with or without amendments, within those thirty days.
Where the bill referred to in subsection (2) –
1. is not passed by the Senate as required, or
2. is passed by the Senate with amendments to which the House does not agree within the period of thirty days after that bill was sent to the Senate,
the bill, with such amendments, if any, as may have been agreed to by both chambers, shall, unless the House otherwise resolves, be presented to the King for assent.

114. Limitation on powers of Senate – urgent bills

Where the King by writing under his hand certifies to the President that enactment of a bill (including a money bill but not an appropriation bill) passed by the House, is a matter of urgency, the bill, having been sent to the Senate at least ten days before the end of the session –

is not passed by the Senate within those ten days after that bill is so sent; or
is passed by the Senate with amendments to which the House does not agree within ten days after that bill was sent to the Senate,

the bill, with such amendments, if any, as may be agreed to by both chambers, shall, unless the House otherwise resolves, be presented to the King for assent.

115. Matters regulated by Swazi law and custom

A bill (including any amendment to a bill) which, in the opinion of the presiding officer would affect or alter any matter regulated in terms of this section shall only be introduced in the Senate.
Where a bill, in terms of this section, is duly introduced the Senate shall not proceed to the Second Reading of that bill until –
1. a copy of that bill has been sent by the President to the Council of Chiefs, and
2. a period of sixty days has elapsed since the copy was sent to the Council in terms of paragraph (a).
Subject to the provisions of subsection (4), where a bill affecting or altering any of the matters referred to in this section has been introduced in and passed by the Senate and has been sent to the House at least sixty days before the end of the session but has not within that period been passed by both Chambers, the bill shall be referred to a joint sitting of the Senate and the House in accordance with the provisions of the First Schedule.
A bill having been duly introduced in and passed by the Senate shall not be referred to a joint sitting in terms of subsection (3) where the bill-
1. has been sent to the House at least sixty days before the end of the session, and
2. has not been considered by the House within sixty days after the bill is so sent,
but shall, unless the Senate otherwise agrees, be presented to the King for assent.
A bill shall not be presented to the King for assent in terms of subsection (4) unless the Senate so resolves by two-thirds majority of all the Senators.
The provisions of this section apply to a bill which, in the opinion of the presiding officer would, if enacted, alter or affect –
1. the status, powers or privileges, designation or recognition of the Ngwenyama, Ndlovukazi or Umntfwanenkhosi Lomkhulu;
2. the designation, recognition, removal, powers, of chief or other traditional authority;
3. the organisation, powers or administration of Swazi (customary) courts or chiefs’ courts;
4. Swazi law and custom, or the ascertainment or recording of Swazi law and custom;
5. Swazi nation land; or
6. Incwala, Umhlanga (Reed Dance), Libutfo (Regimental system) or similar cultural activity or organisation.
Subject to the provisions of this section, the matters listed under subsection (6) shall continue to be regulated by Swazi law and custom.

116. Procedure where chambers disagree on bills

Subject to the provisions of subsection (2), where a bill having been introduced in and passed by one chamber of Parliament –
1. has been sent to the other chamber at least sixty days before the end of the session; and
2. has been considered by that other chamber within sixty days after the bill is so sent; but
3. has not within that period been passed either without amendment or with amendments which are agreed to by the chamber in which the bill was introduced,
neither chamber shall proceed upon the bill and the bill shall be referred to a joint sitting of the Senate and the House in accordance with the provisions of the First Schedule.
A bill, having been introduced in and passed by the House, shall not be referred to a joint sitting of the Senate and the House where that bill –
1. has been sent to the Senate at least sixty days before the end of the session; and
2. has not been considered by the Senate within sixty days after the bill is so sent,
but shall, unless the House otherwise resolves, be presented to the King for assent.
This section does not apply to a bill certified under section 112 (1), 113 (1), 114 or a bill for a law to amend this Constitution.

117. Reference back of bills by King

Where a bill, having been passed by both chambers of Parliament sitting separately, is presented to the King for assent, the King, acting in his discretion, may by message refer back such provisions of the bill as the King may indicate, for consideration at a joint sitting of the Senate and the House in accordance with the provisions of the First Schedule.
Where the bill referred to in subsection (1) .
1. is passed within sixty days of the message, the bill shall again be presented to the King for assent; or
2. is not passed as provided in paragraph (a), the bill shall lapse.
This section does not apply to a bill certified under section 112(1), 113(1) or a bill for a law to amend this Constitution or a bill which has been passed at a joint sitting of the Senate and the House.

118. Functions of Speaker

In this part, where a bill is presented to the King for assent in pursuance of the provisions of section 112(3), 113 (3), 114, or 116(2), as the case may be, that bill shall bear a certificate of the Speaker of the House that those provisions have been complied with.
Any function under this section or section 112,113,114, or 116 which falls to be exercised by the Speaker may, if the Speaker is absent or is for any reason unable to exercise the functions of office, be exercised by the Deputy Speaker.
A certificate given by the Speaker or Deputy Speaker, as the case may be, under this section shall be conclusive for all purposes and shall not be questioned in any court of law.

119. Retroactive legislation

Parliament or any other authority or person has no power to pass any law –
1. to alter the decision or judgement of any court as between the parties to that decision or judgement; or
2. which operates retroactively,
  1. to impose any limitations on any person;
  2. to adversely affect the personal rights and liberties of any person; or
  3. to impose a burden, obligation or liability on any person.
The provisions of subsection (1) (b) shall not apply in the case of law enacted under sections 199, 200, 201, 202, 204 and 205 of this Constitution.

120. Interpretation

In this Part, “money bill” means a bill that contains only provisions dealing with –
1. the imposition, repeal, remission, alteration or regulation of taxation;
2. the imposition of charges on the Consolidated Fund or any other public fund of Swaziland or the variation or repeal of any such charges;
3. the grant of money to the King or to any other person or authority or the variation or revocation of that grant;
4. the appropriation, receipt, custody, investment, issue, or audit of accounts of public money;
5. the raising or guarantee of any loan or the repayment of that loan; or
6. subordinate matters incidental to any of the above matters.
In this section the expressions “taxation”, “public money”, and “loan” do not include any taxation, money or loan raised by local government authorities or other local bodies.

Part 3b. Procedure in Parliament

121. Regulation of procedure in Parliament

Subject to the provisions of this Constitution .
1. each chamber of Parliament may make Standing Orders with respect to –
  1. its own procedure;
  2. the passing of bills;
  3. presiding in either chamber;
  4. conduct of debates or other proceedings in that chamber in one or both official languages;
  5. affording reasonable assistance to a member of that chamber moving a private member’s bill by the department of Government affected by the bill;
  6. the office of Attorney-General or Parliamentary Counsel affording professional assistance in the drafting of a private member’s bill;
  7. the nomination or election of women in the House under section 95;
  8. any matter in connection with which Standing Orders are required to be made under this Constitution;
2. each chamber of Parliament may act notwithstanding any vacancy in its membership, including a vacancy not filled when the chamber first meets after any general election;
3. the presence or participation of any person not entitled to be present at or to participate in the proceedings of a chamber shall not invalidate the proceedings of that chamber.
The Standing Orders of the House of Assembly, 1968, published under Legal Notice No.52 of 1968; the Standing Orders Relating to Private Bills, published under Legal Notice No.17 of 1969; the Standing Orders of Senate Relating to Public Business, 1970, published under Legal Notice No.47 of 1970, shall, as may be amended and subject to any necessary adaptations, modifications and qualifications, apply to the procedure and conduct of the business of the House of Assembly and Senate.

122. Presiding in Senate

There shall preside at any meeting of the Senate .

the President of the Senate;
the Deputy President in the absence of the President or in the circumstances in which the rules of procedure of the Senate authorise the Deputy President to preside; or
such other Senator as the Senate may elect for the purpose of presiding at that sitting in the absence of the President and Deputy President.

123. Presiding in the House of Assembly

There shall preside at any sitting of the House .

the Speaker of the House of Assembly;
the Deputy Speaker, in the absence of the Speaker and in the circumstances in which the rules of procedure of the House authorise the Deputy Speaker to preside; or
such member as the House may elect for the purpose of presiding at that sitting in the absence of the Speaker or Deputy Speaker.

124. Quorum in Senate and House

Where objection is taken by a Senator present that there are present in the Senate (besides the person presiding) fewer than twelve Senators and, after such interval as may be prescribed in the rules of procedure of the Senate, the person presiding ascertains that there are still fewer than twelve Senators present, the person presiding shall thereupon adjourn the Senate.
Where objection is taken by any member of the House present that there are present in the House (besides the person presiding) fewer than thirty members and, after such interval as may be prescribed in the rules of procedure of the House, the person presiding ascertains that there are still fewer than thirty members present, the person presiding shall thereupon adjourn the House.

125. Voting in Parliament

Except as otherwise provided in this Constitution, any question proposed for decision in either chamber of Parliament shall be determined by a majority of the votes of the members of that chamber present and voting.
Subject to the provisions of subsection (3), the President or Deputy President of Senate or the Speaker or Deputy Speaker of the House or a member of either chamber presiding in that chamber shall have an original but not a casting vote.
A President of the Senate or Speaker of the House who is elected from outside the Senate or House shall not have a right to vote in the chamber.
The Attorney-General shall have no vote in the House.
Where upon any question before either chamber the votes are equally divided the motion shall be lost.
The rules of procedure of either chamber may make provision under which a member who votes upon a question in which that member has a direct pecuniary interest shall be deemed not to have voted.

126. Right of Ministers, etc to address other chamber

A Minister who is a member of the House or the Attorney-General shall be entitled to attend all sittings of the Senate and to take part in all proceedings of the Senate but shall not be regarded as a member of or be entitled to vote on any question before the Senate.
A Minister who is a Senator shall be entitled to attend all sittings of the House and take part in all proceedings of that House but shall not be regarded as a member of or be entitled to vote on any question before the House.

127. Unqualified persons sitting or voting

Any person who sits or votes in either chamber knowing or having reasonable grounds for knowing of the disqualification to sit or vote commits an offence and liable on conviction to a fine not exceeding an amount prescribed under the Standing Orders.
Any prosecution for an offence under this section shall be instituted in the High Court only with the written consent of the Attorney-General.

128. Oaths by members of Parliament

Every member of Parliament shall, before taking the seat as such member, take and subscribe before the chamber of which that member is a member the oath of allegiance that is set out in the Second Schedule or such other oath as may be prescribed.
Notwithstanding the provisions of subsection (1), a member of Parliament may before taking and subscribing the oath of allegiance take part in the election of the President of Senate or Speaker of the House or other person presiding.
A person elected as President, Speaker, Deputy President or Deputy Speaker shall, where that person has not already taken and subscribed the oath of allegiance under subsection (1), take and subscribe that oath before the chamber before entering upon the functions of that office.
The oath of allegiance under this section shall be administered by the Clerk to Parliament or the Attorney-General.

129. Committees of Parliament

Each chamber of Parliament shall appoint sessional committees and other committees as may be necessary for the effective discharge of the functions of that chamber.
The standing committees shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as Parliament may determine and the investigations and enquiries may extend to proposals for legislation.
Every member of Parliament not being a Minister shall be a member of at least one of the standing committees.
The composition of the committees shall, as much as possible, reflect the different shades of opinion or interest in Parliament.
A committee appointed under this section shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for .
1. enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
2. compelling the production of documents; and
3. issuing a commission or request to examine witnesses abroad.

130. Parliamentary immunities and privileges

The President, Speaker, members of Parliament and any other person participating or assisting in or acting in connection with or reporting the proceedings of Parliament or any of its committees shall be entitled to such immunities and privileges as Parliament may by law prescribe.
The freedom of speech, immunities and privileges, referred to in subsection (1), shall not be impeached or questioned in any court of law or place outside of Parliament.
Any process issued by any court in the exercise of its civil or criminal jurisdiction shall not be served or executed within the precincts of Parliament while Parliament is sitting, or through the President or the Speaker, the Clerk or any other officer of Parliament.

Part 3c. Parliamentary Service

131. Parliamentary service

There shall be a parliamentary service which shall form part of the public service of Swaziland.
The parliamentary service shall be administered by a Parliamentary Service Board consisting of .
1. the President and Speaker who shall be chairperson on a rotational basis;
2. four other members, two of whom shall be members of Parliament, to be appointed and removed by the Presiding Officers on the advice of the Joint House Committee;
3. the Clerk to Parliament, as secretary and ex officio member.
The Parliamentary Service Board shall be responsible for the proper and effective administration of Parliament.
The Parliamentary Service Board may make regulations, prescribe terms and conditions of service of the parliamentary service staff with the approval of the Joint House Committee and do anything necessary for the efficient administration of the parliamentary service.

132. Clerk to Parliament and other staff

There shall be a Clerk to Parliament and such other staff of the parliamentary service as the Parliamentary Service Board may determine.
The Clerk to Parliament shall be head and controlling officer of the Parliamentary service.
The appointment of the Clerk and any other member of the staff of the parliamentary service shall be made by the Parliamentary Service Board in consultation with the Civil Service Commission.
The Clerk to Parliament or any member of staff of the parliamentary service shall not be suspended, transferred, promoted, removed or dismissed except by or with the approval of the Parliamentary Service Board.

Part 4. Summoning, prorogation and dissolution

133. Sessions of Parliament

There shall be a session of Parliament at least once in every year so that a period of six months shall not intervene between the last sitting of Parliament in one session and the first sitting of Parliament in the next session.
Each session of Parliament shall be held at such a place within Swaziland and commence at such a time as the King may appoint by notice in the Gazette.
Subject to the provisions of subsection (2), the sittings of each chamber of Parliament shall be held at such time and place as that chamber may, by its rules of procedure or otherwise, determine.
Whenever Parliament is dissolved a general election of the elected members of the House shall be held within sixty days of the date of dissolution and a session of Parliament shall be appointed to commence within thirty days of the date of that general election.

134. Prorogation and dissolution of Parliament

The King may at any time –
1. prorogue Parliament; or
2. dissolve Parliament.
Subject to the provisions of subsections (3) and (7) Parliament, unless sooner dissolved shall stand dissolved five years less two months from the date of first meeting of the House following a general election.
At any time when Swaziland is at war, Parliament may from time to time extend the period specified in subsection (2) for not more than twelve months at a time.
The life of Parliament shall not be extended in terms of subsection (3) for more than five years.
In the exercise of his power to dissolve Parliament in terms of this section, the King shall act on the recommendation of the Prime Minister save that –
1. where the Prime Minister recommends a dissolution and the King considers that .
  1. the government of Swaziland can be carried on without dissolution; or
  2. the dissolution would not be in the interests of Swaziland,
  the King may refuse to dissolve Parliament; or,
2. where the House passes a resolution of no confidence in the Government of Swaziland and the Prime Minister does not within three days after that resolution resign, the King may dissolve Parliament or Cabinet.
Where Parliament is dissolved in terms of subsection (1) (b) the members of Parliament shall be deemed to have vacated office on the day but one of the first meeting of the House after the general election.
Where Parliament is dissolved in terms of subsection (2), the members shall be deemed to have vacated office at the end of five years from the date of the first meeting of the House following a general election.

135. Recalling Parliament in case of emergency

Where, between a dissolution of Parliament and the next ensuing general election of the elected members of the House, an emergency arises of such a nature that in the opinion of the King, after consultation with the President and Speaker of the dissolved Parliament, it is necessary for the two chambers of Parliament to be summoned before that general election can be held, the King may, by proclamation published in the Gazette, summon the preceding chambers of Parliament as constituted immediately before that dissolution.
Where the King has recalled Parliament in terms of subsection (1), the two chambers of Parliament shall be deemed (except for purposes of section 136) not to have been dissolved but shall be deemed (except for the purposes of section 137) to be dissolved as soon as the emergency has been disposed of or on the date on which the next ensuing general election of elected members of the House is held.
For the purposes of this section “emergency” includes the necessity to enact a law.

136. General elections

A general election of elected members of the House shall be held at such time within sixty days after every dissolution of Parliament, as the King shall appoint by proclamation published in the Gazette.
Subject to the provisions of this Constitution, Parliament may enact laws for the conduct of elections and the qualification of voters.

137. Filling of casual vacancies

Where any person vacates a seat as a Senator for any reason other than a dissolution of Parliament –
1. the King shall appoint a person; or
2. the House shall elect a person,
to fill the vacancy under the same provisions of section 95 as the person whose seat has become vacant was appointed or elected.
Where any person vacates a seat as a member of the House for any reason other than a dissolution of Parliament, the King shall –
1. appoint another member; or
2. issue a writ for the election of a member,
to fill the vacancy under the same provisions of section 96 as the member whose seat has become vacant was nominated or elected.
Unless more than two vacancies occur in one chamber of Parliament, a casual vacancy as referred to in subsection (1) or (2) shall not be filled under this section where Parliament stands to be dissolved within a period of less than nine months.