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(6)
Provision may be made by or under an Act of Parliament for conferring upon the High
Court such powers in addition to those conferred by this section as may appear to be
necessary or expedient for the purpose of enabling that court more effectively to exercise the
jurisdiction conferred upon it by this section.
(7)
The Chief Justice may make rules for purposes of this section with respect to the
practice and procedure of the High Court (including rules with respect to the time within which
applications to that court may be made).
Declaration of emergency
36.
(1)
The king may, on the advice of the Prime Minister, by proclamation which shall be
published in the Gazette, declare that a state of emergency exists in Swaziland or any part of
Swaziland for the purposes of this Chapter.
(2)
The provisions of subsection (1) shall not apply and a proclamation shall not be
issued under that subsection and where issued that proclamation shall not be effective in law
unless
(a)
Swaziland is at war or circumstances have arisen making imminent a state of
war between Swaziland and a foreign State;
(b)
there is in Swaziland a natural disaster or imminent threat of a natural
disaster; or
(d)
there is action taken or immediately threatened by a person or body of
persons of such a nature or on so extensive a scale as to be likely to
endanger the public safety or to deprive the community or a significant part of
that community of supplies or services essential to the life of the community.
(3)
Copies of the Gazette containing the proclamation of a state of emergency shall as
soon as practicable and at any rate not later than seven days from date of publication of that
proclamation be laid before Parliament by the Prime Minister.
(4)
A declaration under subsection (1) if not sooner revoked, shall cease to have effect
(a)
in the case of a declaration made when Parliament is sitting or has been
summoned to meet within three days, at the expiration of a period of seven
days beginning with the date of publication of the declaration;
(b)
in any other case, at the expiration of a period of twenty-one days beginning
with the date of publication of the declaration,
unless, before the expiration of that period, the declaration is approved by a resolution passed
by a two-thirds majority at a joint sitting of all the members of the Senate and the House.
(5)
Subject to the provisions of subsection (12), the joint sitting referred to in subsection
(4) shall not dissolve but only be adjourned to be reconvened from time to time by the
President of the Senate or the Speaker of the House until the emergency is ended.
(6)
A declaration approved by a resolution passed at a joint sitting under subsection (4)
shall continue in force until the expiration of a period of three months beginning with the date
upon which that declaration was so approved or until such earlier date as may be specified in
the resolution.
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