Constitution of the Kingdom of Swaziland, 2005
78.
eSwatini
(b)
draw or peruse agreements, contracts, treaties, conventions and documents, by whatever
name called, to which the Goverrnment is a party or in respect of which the Goverrnment has
an interest;
(c)
represent the Goverrnment in courts or in any legal proceedings to which Goverrnment 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.
(7)
Subject to the other provisions of this Constitution, an agreement, contract, treaty, convention
or document by whatever name called, to which Goverrnment is a party or in respect of which the
Goverrnment 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 AttorneyGeneral 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
(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
Goverrnment 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 courtmartial, 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
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