Constitution of the Kingdom of Swaziland, 2005 eSwatini (3) A service commission may require any public officer or other Goverrnment employee whose evidence appears to be material to the determination of any enquiry or investigation conducted by that service commission, to attend at such time and place as may be specified by the service commission, to give evidence or produce any official document, book or other record in the possession or control of that person which relates to a matter in question at any inquiry or investigation. (4) A service commission may, in consultation with the line Minister, make regulations for the better carrying out of its functions. 177. Protection of members Every member of a service commission shall have such and like protection and privilege in the case of any action or suit brought against that member for any act done or omitted to be done in the honest execution of the duties of that member as is by law given to acts done or words spoken by a Judge of the High Court in the exercise of the judicial office. 178. Independence of a service commission In the performance of its functions under this Constitution, a service commission shall be independent of and not subject to any Ministerial or political influence and this independence shall be an aspect of the exercise of any delegated powers or functions of the Civil Service Commission or any other service commission or similar body. 179. Privilege of communication A person shall not in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between a service commission or any member or officer of that service commission, and the Goverrnment, or a line Minister, or any officer of the Goverrnment, or between any member or officer of a service commission and its chairman, or between members or officers of a service commission, in exercise of, or in connection with the exercise of, the functions of a service commission, unless a Judge of a superior court orders otherwise. 180. Oath of office A member of a service commission or similar body shall not enter upon the duties of office until that member has taken and subscribed the oath of allegiance and the oath for the due execution of office as set out in the Second Schedule. 181. Delegation of functions (1) Except as may be specified in this Constitution or any other law, nothing in this Constitution shall be construed as preventing a service commission from delegating any of its powers or functions to a principal secretary or head of department, or any other person or body of persons or line managers in respect of certain grades or ranks of officers. (2) Where a delegation of functions is necessary, an appropriate framework for regulating the delegation of those functions shall be put in place before the delegated functions are exercised. (3) Where there is authority for further delegation of functions, that delegation shall be subject to like principles and considerations as outlined in subsection (2). (4) Notwithstanding the provisions of subsection (1), the delegation of powers or functions shall not be deemed to prevent a service commission from exercising any of the delegated powers or functions. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 67

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