Constitution of the Kingdom of Swaziland, 2005 eSwatini 256. Removal from officer (1) Reference in this Constitution to the power to remove a public officer from office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed. (2) Nothing contained in subsection (1) shall be construed as conferring on any person or authority power to require a Judge of the superior courts, the Attorney-General, the Director of Public Prosecutions or the Auditor-General to retire from the public service. (3) Any power conferred by any law to permit a person to retire from public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the appropriate Service Commission. (4) Any provision in this Constitution that vests in any person or authority power to remove any public officer from office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein. 257. Resignation (1) (2) Save or as otherwise provided in this Constitution, any person who has been appointed to any office established by this Constitution may resign from that office by letter under his hand addressed to the person or authority by whom he was appointed, and the resignation shall take effect and the office shall accordingly become vacant— (a) at such time or on such date (if any) as may be specified in the writing or; (b) subject to subsection (2), when the letter is received by the person or authority to whom it is addressed or by such other person as may be authorised by that person or authority to receive it. Any resignation referred to in subsection (1) may be withdrawn before becoming effective where the person or authority to whom the resignation is addressed consents to the withdrawal. 258. Re-appointments and concurrent appointments (1) Where any person has vacated any office established by this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution. (2) Where a power is conferred by this Constitution upon any person to make any appointment to any office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office, and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 259. Power to amend or revoke instruments, etc. Where any power is conferred by this Constitution to make any order, regulation or rule, or to give any direction, the power shall be construed as including the power, exercisable in like manner, to amend or revoke any such order, regulation, rule or direction. 260. Saving for jurisdiction of the High Court A provision of this Constitution that a person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall not be By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 92