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(4)
Where the legislation is called up for debate, that legislation shall only come into force
when after the debate the chamber concerned resolves to approve the legislation with or
without any alterations.
(5)
The provisions of subsections (2) to (4) inclusive shall not apply where a chamber
resolves by a two-thirds majority of all its members that it shall not be necessary for the
minister concerned to place the legislation in question before the chamber for the prescribed
period.
References to public office, etc
254.
In this Constitution, unless the context otherwise requires, the expression
“public office” –
(a)
shall be construed as including the offices of judges of the High Court and
Supreme Court, the offices of members of all other courts of law in Swaziland
(other than courts-martial), and the offices of members of the Police Force
and of members of the Prison Services; and
(b)
shall not be construed as including the offices of President or Deputy
President of the Senate, Speaker or Deputy Speaker of the House, Minister,
Deputy Minister, Senator, member of the House or Member of any
Commission established by this Constitution.
Acting appointments
255.
(1)
In this Constitution, unless the context otherwise requires, a reference to the holder of
an office by the term designating that office shall be construed as including a reference to any
person for the time being lawfully acting in or exercising the functions of that office.
(2)
Where power is vested by this Constitution in any person or authority to appoint any
person to act in or perform the functions of any office where the holder of that power is
himself unable to perform those functions, the appointment shall not be called in question on
the ground that the holder of the office was able to perform those functions.
Removal from office
256.
(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.
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