Constitution of the Kingdom of Swaziland, 2005
eSwatini
“contravention”, in relation to any requirement, includes a failure to comply with that
requirement, and cognate expressions shall be construed accordingly;
“court” means a court of law having jurisdiction in Swaziland, but does not include, save in
sections 15 and 17, a court established by a disciplinary law;
“disciplinary law” means law regulating the discipline of any disciplined force;
“disciplined force” means—
(a)
an air, military or naval force;
(b)
the Swaziland Royal Police Service;
(c)
the Swaziland Correctional Services;
“member” in relation to a disciplined force, includes any person who, under the law regulating the
discipline of that force, is subject to that discipline;
“period of public emergency” means any period so declared under section 36;
“property” means property, movable or immovable, corporeal or incorporeal, of any description
whatever including Swazi nation land and any right or interest lawfully held by any person in that
property.
Chapter IV
Citizenship
Part 1 – Acquisition of citizenship
40.
Citizen of Swaziland
A person who, on the commencement of this Constitution, is a citizen of Swaziland shall continue to be
such citizen.
41.
Citizenship by descent
A person born, whether before or after the commencement of this Constitution and whether in or outside
of Swaziland, is a citizen by descent if by birth that person is a descendant.
42.
Citizenship by operation of law
(1)
A person born in or outside Swaziland before the commencement of this Constitution shall be
a citizen of Swaziland by operation of law if at the birth of that person one of the parents was a
citizen of Swaziland.
(2)
In this section “citizen by operation of law” refers to a person who was born before the existence of
the status of a citizen of Swaziland and was a member of a class of persons—
(3)
(a)
generally regarded as Swazi by descent; and
(b)
subsequently declared by law to be citizens of Swaziland.
This section shall cease to apply to a person being a citizen of another country who, on being so
required by the Board in terms of section 49(1)(d), has failed to renounce that other citizenship—
(a)
within one year after that person attains the age of majority (or within such extended period
as the Board may allow); or
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