Constitution of the Kingdom of Swaziland, 2005
eSwatini
Speaker or Deputy Speaker is elected or, as the case may be, the Speaker or Deputy Speaker has
resumed the functions of that office.
(3)
The provisions of sections 100(5), (6), (7) and (8) and 102(5), (6), (7) and (8) shall apply in relation
to a person elected under this section as they apply in relation to the holder of the office of
President or Speaker.
105. Decision as to membership of Parliament
(1)
The High Court shall have jurisdiction to hear and determine any question whether—
(a)
any person has been validly elected or appointed as a Member of Parliament;
(b)
any person has been validly elected as President, Deputy President, Speaker or Deputy
Speaker; or
(c)
any person, having been validly elected as President, Deputy President, Speaker or Deputy
Speaker, has validly vacated that office.
(2)
A person aggrieved by the determination of the High Court under this section may appeal to the
Supreme Court within thirty days.
(3)
The Attorney-General or any member of the chamber in which the question under this section is
raised or any aggrieved person may make application to the High Court in terms of subsection (1).
(4)
In the exercise of the functions under this section, the Attorney-General shall not be subject to the
direction or control of any other person or authority.
(5)
Provision may be made by Act of Parliament with respect to—
(6)
(a)
the circumstances and manner in which and the conditions upon which any application may
be made to the High Court under this section; or
(b)
the powers, practice and procedure of the High Court in relation to any application under
this section.
Subject to any provisions made by Act of Parliament under subsection (5) the Chief Justice may
make rules for regulating the practice and procedure of the High Court under this section.
Part 3(a) – Legislation in Parliament
106. Power to make laws
Subject to the provisions of this Constitution—
(a)
the supreme legislative authority of Swaziland vests in the King-in-Parliament;
(b)
the King and Parliament may make laws for the peace, order and good Goverrnment of Swaziland.
107. Exercise of power to make laws
Subject to the provisions of this Constitution, the power of the King and Parliament to make laws shall be
exercised by bills—
(a)
passed by both chambers of Parliament;
(b)
passed by the House in the cases referred to in sections 112, 113, 114 and 116(2);
(c)
passed at a joint sitting of the Senate and the House, in the cases referred to in sections 115(3),
116(1), 117 and Chapter XVII;
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