Constitution of the Kingdom of Swaziland, 2005
eSwatini
193. Recognition of other service commissions
(1)
Subject to the provisions of this Constitution and any other law, other service sectors having
separate service commissions or similar bodies may be recognised as part of the public service.
(2)
The recognition of certain service commissions or similar bodies at the commencement of this
Constitution does not preclude the recognition or establishment of other service commissions in
terms of any other law.
(3)
For the avoidance of any doubt, in any case in which this section or this Constitution does not apply
the power to appoint, promote, transfer, or discipline or dismiss public officers shall, pending the
establishment of the appropriate service commission or similar body continue to vest where it vests
at the commencement of this Constitution.
Part 3 – Miscellaneous
194. Protection of public officers
(1)
A public officer shall not be—
(a)
victimized or discriminated against for having performed faithfully the duties of office in
accordance with this Constitution; or
(b)
dismissed or removed from office or reduced in rank or otherwise punished without just
cause or due process of law.
(2)
A public officer who is appointed by the King and who has been removed but not dismissed from
that office unless promoted shall revert to the same or equivalent rank in the public service which
that officer held prior to the appointment in terms of that section or accept a retirement package.
(3)
An officer referred to in subsection (2) shall not have or continue to enjoy any personal right to the
salary or related privileges of the position or rank from which that officer has been removed.
(4)
The matter of a public officer who has been suspended shall be finalised within six months failing
which the suspension shall be lifted.
(5)
Where the suspension is lifted under the provisions of subsection (4) the suspending authority shall
give a full report to the line Minister as to the circumstances leading to the suspension and the
lifting of that suspension.
195. Pensions laws and protection of pensions rights
(1)
The law to be applied with respect to any pensions benefits that were granted to any person at the
date of the commencement of this Constitution shall be the law that is in force at the date on which
those benefits were granted or any law in force at a later date that is not less favourable to that
person.
(2)
The law to be applied with respect to any pensions benefits (not being benefits to which subsection
(1) applies) shall—
(a)
in so far as those benefits are wholly in respect of a period of service as a public officer that
commenced before the date of commencement of this Constitution, be the law that was in
force immediately before that date; and
(b)
in so far as those benefits are wholly or partly in respect of a period of service as a public
officer that commenced after the date of commencement of this Constitution, be the law in
force on the date on which that period of service commenced,
or any law in force at a later date that is not less favourable to that person.
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