Constitution of the Kingdom of Swaziland, 2005
(2)
eSwatini
(iv)
referring matters to the Director of Public Prosecutions or the Attorney-General for
appropriate action to secure the termination of the offending action or conduct, or the
abandonment or alteration of the offending procedures; and
(v)
bringing proceedings to restrain the enforcement of any legislation or regulation by
challenging the validity of that legislation or regulation where the offending action or
conduct is sought to be justified by reference to that legislation or regulation;
(e)
investigate instances of alleged or suspected corruption and the misappropriation of public
moneys or property by officials and to take or recommend appropriate steps, including
reports to the Attorney-General or the Director of Public Prosecutions or the AuditorGeneral;
(f)
eliminate or foster the elimination of corruption, abuse of authority or public office;
(g)
promote and foster strict adherence to the rule of law and principles of natural justice in
public administration;
(h)
promote fair, efficient and good governance in public affairs;
(i)
take such other measures incidental to the above as may be prescribed by Parliament.
The Commission may investigate any matter referred to in subsection (1) in any of the following
circumstances—
(a)
where a complaint is duly made to the Commission by any person alleging that the
complainant has sustained an injustice as a result of a fault in administration;
(b)
where a member of Parliament requests the Commission to investigate the matter on the
ground that a person or body of persons specified in the request has or may have sustained
an injustice;
(c)
in any other circumstances in which the Commissioner, in good faith, considers that the
Commission ought to investigate the matter on the ground that some person or body of
persons has or may have sustained an injustice.
165. Powers of the Commission
(1)
The powers of the Commission shall include the following—
(a)
to issue subpoenas requiring the attendance of any person before the Commission and
the production of any document, record or thing required for the investigation by the
Commission;
(b)
to fine any person for contempt of any subpoena or order, or cause that person to be brought
by a competent court for the enforcement of the subpoena or order of the Commission;
(c)
to question any person in respect of any subject matter under investigation before the
Commission;
(d)
to require any person to disclose truthfully and frankly any information within the
knowledge of that person relevant to any investigation by the Commission.
(2)
The Commission may during the course of its proceedings or as a consequence of its findings, make
such orders and give such directions as are necessary and appropriate in the circumstances.
(3)
The Commission shall not investigate—
(a)
a matter which is pending before a court;
(b)
a matter involving the relations or dealings between the Government and any other
Goverrnment or an international organisation; or
(c)
matter relating to the exercise of any royal prerogative by the Crown.
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