Constitution of the Kingdom of Swaziland, 2005
eSwatini
(2)
A person who before the commencement of this Constitution would have been required under the
law in force to vacate that office at the expiration of a period of service shall, notwithstanding the
provisions of subsection (1), vacate that office at the expiration of that period.
(3)
The provisions of this section shall not prejudice any powers conferred by or under this
Constitution or any other law or any person or authority to make provision for the abolition of
office, or for the removal from office of persons holding or acting in any office and for requiring
persons to retire from office.
(4)
In determining, for the purposes of any law relating to retiring benefits or otherwise to length of
service, the length of service of a public officer to whom the provisions of subsections (1) and (2)
apply, service as a public officer under the Goverrnment which terminates immediately before the
commencement of this Constitution shall be deemed to be continuous with service as a public
officer which begins immediately at such commencement.
(5)
Except as otherwise provided in this Constitution, the terms and conditions of service of a person
to whom this section applies, shall not be less favourable than those applic-able to that person
immediately before the commencement of this Constitution.
(6)
For the avoidance of doubt, it is declared that any office established before the commencement
of this Constitution which is inconsistent with any provision of this Constitution is, on the
commencement of this Constitution, abolished.
267. Appointment to certain offices
The first appointments to the following offices shall be made within six months after the commencement
of this Constitution—
(a)
(b)
The chairmen and other members of—
(i)
the Citizenship Board;
(ii)
the Judicial Service Commission;
(iii)
the various Service Commissions;
(iv)
the Land Management Board;
(v)
the Mineral Management Board;
(vi)
Parliamentary Service Board,
the chairman and members of the Council of Chiefs.
268. Existing law
(1)
The existing law, after the commencement of this Constitution, shall as far as possible be construed
with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it
into conformity with this Constitution.
(2)
For the purposes of this section, the expression “existing law” means the written and unwritten law
including customary law of Swaziland as existing immediately before the commencement of this
Constitution, including any Act of Parliament or subordinate legislation enacted or made before
that date which is to come into force on or after that date.
269. Enactments not yet in force
Where immediately before the commencement of this Constitution any existing law that had not
been brought into force or was to come into force on a date subsequent to the commencement of this
Constitution, that law may be brought into force in accordance with its terms or shall come into force on
such subsequent date as the case may be.
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