Constitution of the Kingdom of Swaziland, 2005 (h) co-operate with lawful agencies in the maintenance of law and order; and (i) protect and safeguard the environment. eSwatini Chapter VI The Executive 64. 65. Executive authority of Swaziland (1) The executive authority of Swaziland vests in the King as Head of State and shall be exercised in accordance with the provisions of this Constitution. (2) The King shall protect and defend this Constitution and all laws made under or continued in force by this Constitution. (3) Subject to the provisions of this Constitution, the King may exercise the executive authority either directly or through the Cabinet or a Minister. (4) The King in his capacity as Head of State has authority, in accordance with this Constitution or any other law, among other things to— (a) assent to and sign bills; (b) summon and dissolve Parliament; (c) receive foreign envoys and appoint diplomats; (d) issue pardons, reprieves or commute sentences; (e) declare a state of emergency; (f) confer honours; (g) establish any commission or vusela; and (h) order a referendum. Exercise of King’s functions (1) In the exercise of the functions under this Constitution or any other law the King shall act on the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, except where — (a) any function under this Constitution is expressed (in whatever terms) to be exercisable by him acting in his discretion or on the advice or the recommendation of or after consultation with any other person or authority; (b) any function conferred by any other law is expressed (in whatever terms) to be exercisable by him in his discretion; and (c) the provisions of section 158(5), 159(5), 175(4) or paragraph 1(1) of the First Schedule apply. (2) Where, in terms of subsection (1), the Cabinet or a Minister gives advice to the King, the King may refer back that advice for further consideration by the Cabinet, and Cabinet shall meet within ten days to reconsider the advice as required by the King. (3) Where the King is required to exercise any function on the advice or recommendation of any person or authority, he shall exercise that function on that advice or recommendation, save that the King may before acting on the advice or recommendation, in his discretion, once refer back that advice or recommendation in whole or in part for reconsideration within ten days by the person or authority concerned. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 27

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