Constitution of the Kingdom of Swaziland, 2005
eSwatini
102. The Speaker of the House
(1)
When the House of Assembly first meets after any general election and before it proceeds to the
despatch of any other business, it shall elect a person from within or outside the House to be the
Speaker of the House of Assembly, in accordance with the Standing Orders.
(2)
Where the office of Speaker falls vacant at any time before the next dissolution of Parliament, the
House may elect as soon as practicable another person to that office.
(3)
A person shall not be elected Speaker of the House unless that person has some parliamentary
experience and is otherwise able to maintain order in the House and properly guide the members of
the House in the discharge of the business of the House in terms of the Standing Orders.
(4)
A person shall not be elected Speaker from outside the House if that person would be disqualified to
be a member of the House under this Constitution or any other law.
(5)
A person elected shall not hold the position of Speaker of the House and that of a Cabinet Minister
simultaneously.
(6)
The salary and other allowances payable to the Speaker shall not be varied to the disadvantage of
the Speaker during the tenure of office.
(7)
The office of Speaker of the House shall become vacant where—
(8)
(a)
the Speaker resigns in writing addressed to the Clerk to Parliament;
(b)
the House passes a resolution by not less than two-thirds of all its members to that effect;
(c)
any circumstance arises which would render the Speaker disqualified or ineligible to be a
member of the House under this Constitution or any other law; or
(d)
for any reason the Speaker ceases to be a member of the House.
The person elected Speaker of the House shall not enter upon the duties of the office unless that
person has taken and subscribed the oath of allegiance set out in the Second Schedule.
103. Deputy Speaker of the House
(1)
When the House first meets after any general election it shall elect from among the members of the
House a person to be Deputy Speaker of the House of Assembly.
(2)
Where the office of Deputy Speaker falls vacant at any time before the next dissolution of
Parliament the House may elect as soon as practicable another person to that office.
(3)
The provisions of section 102(5), (6), (7) and (8) shall apply to the office of Deputy Speaker as they
apply to the office of Speaker.
(4)
The office of Deputy Speaker shall also become vacant where the Deputy is elected Speaker of the
House.
104. Acting President and Speaker
(1)
Where the office of President or Deputy President is vacant or the holder of the office of President
or Deputy President is for any reason unable to perform the functions of that office, the Senate may
elect a person (not being a Minister) from among the members of the Senate to act as President
until the President or Deputy President has been elected or as the case may be, the President or
Deputy President has resumed the functions of that office.
(2)
Where the office of Speaker or Deputy Speaker is vacant or the holder of the office of Speaker or
Deputy Speaker is for any reason unable to perform the functions of that office the House may elect
a person (not being a Minister) from among the members of the House to act as Speaker until the
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