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(2)
A person who before the commencement of this Constitution would have been
required under the law in force to vacate that office at the expiration of a period of service
shall, notwithstanding the provisions of subsection (1), vacate that office at the expiration of
that period.
(3)
The provisions of this section shall not prejudice any powers conferred by or under
this Constitution or any other law or any person or authority to make provision for the abolition
of office, or for the removal from office of persons holding or acting in any office and for
requiring persons to retire from office.
(4)
In determining, for the purposes of any law relating to retiring benefits or otherwise to
length of service, the length of service of a public officer to whom the provisions of subsection
(1) and (2) apply, service as a public officer under the Government which terminates
immediately before the commencement of this Constitution shall be deemed to be continuous
with service as a public officer which begins immediately at such commencement.
(5)
Except as otherwise provided in this Constitution, the terms and conditions of service
of a person to whom this section applies, shall not be less favourable than those applicable to
that person immediately before the commencement of this Constitution.
(6)
For the avoidance of doubt, it is declared that any office established before the
commencement of this Constitution which is inconsistent with any provision of this
Constitution is, on the commencement of this Constitution, abolished.
Appointment to certain offices
267.
The first appointments to the following offices shall be made within six months after the
commencement of this Constitution
(a)
(b)
the chairmen and other members of
(i)
the Citizenship Board;
(ii)
the Judicial Service Commission;
(iii)
the various Service Commissions;
(iv)
the Land Management Board;
(v)
the Mineral Management Board;
(vi)
Parliamentary Service Board,
the chairman and members of the Council of Chiefs.
Existing law
268.
(1)
The existing law, after the commencement of this Constitution, shall as far as
possible be construed with such modifications, adaptations, qualifications and exceptions as
may be necessary to bring it into conformity with this Constitution.
(2)
For the purposes of this section, the expression “existing law” means the written and
unwritten law including customary law of Swaziland as existing immediately before the
commencement of this Constitution, including any Act of Parliament or subordinate legislation
enacted or made before that date which is to come into force on or after that date.
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