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Principal Secretaries
76.
(1)
The King, shall appoint Principal Secretaries on a renewable five year contract on the
advice of the Civil Service Commission.
(2)
Subject to the provisions of this Constitution, a Ministry or a department of the
Government shall be under the supervision of a Principal Secretary whose office shall be a
public office.
Attorney-General
77.
(1)
There shall be an Attorney-General for Swaziland whose office shall be a public office
and who shall be appointed by the King acting on the recommendation of the Minister
responsible for Justice after consultation with the Judicial Service Commission.
(2)
A person shall qualify to be appointed Attorney-General where that person qualifies
for appointment as a judge of the superior courts.
(3)
The Attorney-General shall –
(a)
be the principal legal adviser to the Government;
(b)
be ex-officio member of the Cabinet; and
(c)
represent chiefs in their official capacity in legal proceedings.
(4)
The Attorney-General shall, whenever requested so to do, advise the King on any
matter of law including any matter relating to any function vested in the King by this
Constitution or any other law.
(5)
Without prejudice to the general functions under subsection (3), the functions of the
Attorney-General shall be to
(a)
draft and sign all Government Bills to be presented to Parliament;
(b)
draw or peruse agreements, contracts, treaties, conventions and documents,
by whatever name called, to which the Government is a party or in respect of
which the Government has an interest;
(c)
represent the Government in courts or in any legal proceedings to which
Government is a party;
(d)
be available for consultations with the Director of Public Prosecutions in
terms section 162 (7);
(e)
assist Ministers in piloting bills in Parliament and provide guidance in legal
matters to Parliament.
(f)
perform such other functions as may be assigned to the Attorney-General by
law.
(6)
The functions of the Attorney-General under subsection (5)(a), (b) (c), (e) and (f) may
be exercised by the Attorney-General in person or by subordinate officers acting in
accordance with the general or special instructions of the Attorney-General.
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