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(7)
Subject to the other provisions of this Constitution, an agreement, contract, treaty,
convention or document by whatever name called, to which Government is a party or in
respect of which the Government has an interest, shall not be concluded without the advice of
the Attorney-General (in person or by subordinate officers
acting in accordance with the general or special instruction of the Attorney-General), except in
such cases and subject to such conditions as Parliament may prescribe.
(8)
In the exercise of the functions vested in the Attorney-General by this Constitution,
the Attorney-General shall not be subject to the direction or control of any other person or
authority.
(9)
The Attorney-General shall be disciplined or removed from office by the King in terms
of the recommendations following an inquiry by a tribunal consisting of a chairman
recommended by the Chief Justice and two other members appointed by the King.
Prerogative of Mercy
78.
(1)
The King may, in respect of a person sentenced to death or life imprisonment
(a)
grant a pardon, either free or subject to lawful conditions;
(b)
grant to any person a respite, either indefinite or for a specified period;
(c)
substitute a less severe form of punishment for any punishment imposed on
any person for such an offence; or
(d)
remit the whole or part of that sentence, penalty or forfeiture otherwise due to
the Government on account of that offence.
(2)
In the exercise of the powers conferred upon him by subsection (1), the King shall act
on the advice of a Committee on the Prerogative of Mercy made up of two persons appointed
by the King drawn from the King’s Advisory Council, the Attorney-General, the Minister
responsible for justice and a suitably qualified medical practitioner recommended by the
Minister responsible for health and appointed by the King..
(3)
The King shall designate one of the members of the Committee as chairman.
(4)
The Committee may act notwithstanding any vacancy in its membership or the
absence of any member, and the validity of the transaction of business by the Committee
shall not be affected by the fact that some person who was not entitled to do so took part in
the proceedings.
(5)
Whenever any person has been sentenced to death by any court in Swaziland other
than a court-martial, the chairman shall cause a report on the case by the judge who
presided at the trial (or, if a report cannot be obtained from that judge, a report on the case by
the Chief Justice), together with such other information derived from the record of the case or
elsewhere as the chairman may require, to be taken into consideration at the meeting of the
Committee so that the Committee may advise the King whether or not to exercise the powers
in terms of subsection (1).
(6)
The provisions of this section shall not apply in relation to any conviction by a court
established under a law of a country other than Swaziland that has jurisdiction in Swaziland in
pursuance of arrangements made between the Government of Swaziland and another
Government or an international organization relating to the presence in Swaziland of
members of the armed forces of that other country or in relation to any punishment imposed
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