Constitution of the Kingdom of Swaziland, 2005
(4)
eSwatini
The declaration made under this section shall, on demand be produced in evidence before—
(a)
a court of competent jurisdiction; or
(b)
an investigator appointed by the Integrity Commission.
(5)
Any property or assets acquired by an officer after initial declaration required under this section
and which is not reasonably attributable to income, Goverrnment loan, inheritance or any other
legitimate source shall be deemed to have been acquired in contravention of this Chapter unless
duly declared.
(6)
An allegation that an officer referred to in this section has contravened or has not complied with a
provision of this Chapter shall be made to the Integrity Commission and in the case of a member
of the Integrity Commission, to the Judicial Service Commission which shall, unless the person
concerned makes a written admission of the contravention or non-compliance, cause the matter to
be investigated.
(7)
The Integrity Commission or the Judicial Service Commission, as the case may be, may take such
action as the Commission considers appropriate in respect of the results of the investigation or
admission.
242. Failure to comply with Code
(1)
An officer who contravenes the Code may, after due process of law, be dismissed or removed from
office by reasons of such breach or abuse and may be disqualified from holding any public office
either generally or for a specified period.
(2)
Any property or assets acquired after the initial declaration under this Chapter and which is not
reasonably attributable to income, Goverrnment loan, inheritance or any other legitimate source,
shall, after due process of law, be forfeited to Goverrnment.
243. The Integrity Commission
(1)
The Commission on Human Rights and Public Administration established in terms of section 163 of
this Constitution shall for purposes of this Chapter, constitute the Integrity Commission.
(2)
The Integrity Commission is responsible for receiving from time to time, declarations in writing of
assets and liabilities of persons referred to in section 240(2), for enforcing the Code and supervising
all matters connected with the Code as may be prescribed.
244. Penalties, etc.
Parliament may make law—
(a)
prescribing penalties additional to those prescribed for breach of the Code;
(b)
prescribing procedures, guidelines and practices for ensuring the effective enforcement of the Code;
(c)
necessary for ensuring the promotion and maintenance of honesty, probity, impartiality and
integrity in public affairs;
(d)
for the proper custody of declarations and other documents delivered to the Commission;
(e)
for the maintenance of secrecy in respect of all information received by the Commission in the
course of its duties with respect to the assets, liabilities and income of any person referred to in
section 240(2); and
(f)
for a suitable judicial code of conduct.
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