Constitution of the Kingdom of Swaziland, 2005
(4)
66.
67.
68.
eSwatini
Where the King is required by this Constitution to exercise any function after consultation with any
person or authority, the King may or may not exercise that function following that consultation.
The Cabinet of Ministers
(1)
There shall be a Cabinet which shall consist of the Prime Minister, Deputy Prime Minister and such
number of Ministers as the King, after consultations with the Prime Minister, may deem necessary
for the purpose of administering and executing the functions of the Goverrnment.
(2)
The Prime Minister shall be the chairman of the Cabinet and leader of Goverrnment business in
Parliament.
Appointment of Prime Minister and other Ministers
(1)
The King shall appoint the Prime Minister from among members of the House acting on
recommendation of the King’s Advisory Council.
(2)
The King shall appoint Ministers from both chambers of Parliament on the recommendation of the
Prime Minister.
(3)
At least half the number of Ministers shall be appointed from among the elected members of the
House.
Vacation of office of Prime Minister or Minister
(1)
(2)
The office of the Prime Minister shall become vacant where—
(a)
the King revokes the appointment for incompetence;
(b)
the Prime Minister is declared an insolvent;
(c)
the Prime Minister ceases to be a member of the House;
(d)
the Prime Minister resigns from office;
(e)
after a resolution of no confidence in the Prime Minister is passed by at least two thirds
majority of all members of the House, the King removes the Prime Minister;
(f)
the Prime Minister is removed from office for misbehaviour or inability to perform the
functions of that office (whether arising from infirmity of body or mind); or
(g)
the Prime Minister dies.
Where the King considers the question of removing the Prime Minister from office in terms of
subsection (1)(f)—
(a)
the King shall appoint a tribunal, which shall consist of a chairman who shall be the Chief
Justice and two other reputable persons one of whom should have held the position of a
Minister, Speaker of the House or President of the Senate;
(b)
the tribunal shall enquire into the matter and report to the King whether or not to remove
the Prime Minister from office for inability or misbehaviour.
(3)
The Prime Minister shall not hold office for more than two consecutive terms.
(4)
The office of a Minister shall become vacant where—
(a)
the King, acting on the recommendation of the Prime Minister, revokes that appointment;
(b)
the Minister is declared an insolvent;
(c)
the Minister ceases to be a member of Parliament;
(d)
the Minister resigns from office;
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