Constitution of the Kingdom of Swaziland, 2005
eSwatini
by the House, authorise the withdrawal of moneys from the Consolidated Fund for the purpose of
meeting expenditure necessary to carry on the services of the Goverrnment until the expiration
of four months from the beginning of that financial year or the coming into operation of the
Appropriation Act, whichever is the earlier.
(2)
The expenditure authorised under subsection (1) shall not exceed one-quarter of the amount
authorised for that service in the preceding year.
203. Contingencies Fund
(1)
There shall be a Contingencies Fund into which shall be paid moneys voted by Parliament or
obtained pursuant to authority under an Act of Parliament and from which advances may be
authorised by the Finance Committee established in terms of this Constitution, whenever this
Committee is satisfied that there has arisen an urgent and unforeseen need for expenditure for
which no other provision exists, to make advances from that Fund to meet that need.
(2)
Where any advance is made from the Contingencies Fund, a supplementary estimate shall be laid
before the House, and a bill or motion shall be introduced in that House, as soon as possible, for the
purpose of replacing the amount so advanced.
204. Power to borrow or lend
(1)
Subject to the provisions of this Constitution, the Goverrnment, through the Minister responsible
for Finance, may borrow or raise moneys from any reputable source.
(2)
The Minister responsible for Finance shall not borrow, guarantee or raise a loan on behalf of
Goverrnment or any other public institution, authority or person except as authorised by or under
an Act of Parliament.
(3)
An Act of Parliament made under subsection (2) shall provide, among other things, that—
(a)
the terms and conditions of the loan shall be laid before Parliament and shall not come into
operation unless they have been approved by a resolution of Parliament; and
(b)
any moneys received in respect of the loan referred to in paragraph (a) shall be paid into the
Consolidated Fund and form part of that Fund or into some other public fund existing or
created for the purpose of the loan.
(4)
The House may, by resolution, authorise the Goverrnment to enter into an agreement for the giving
of a loan or a grant out of any public fund or public account.
(5)
An agreement entered into in terms of subsection (4) shall be laid before the House and shall not
come into operation unless it has been approved by the House by resolution.
(6)
For the purposes of this section, the expression “loan” includes any money lent or given to or by the
Goverrnment on condition of return or repayment and any other form of borrowing or lending in
respect of which—
(7)
(a)
moneys from the Consolidated Fund or any other public fund may be used for payment or
repayment; or
(b)
moneys from any fund by whatever name called, established for the purposes of payment or
repayment whether in whole or in part and whether directly or indirectly, may be used for
payment or repayment.
Parliament may by law exempt any categories of loans from the provisions of subsections (2) and (3)
subject to such conditions as Parliament may prescribe.
205. Public debt
(1)
All debt charges for which Swaziland is liable shall be a charge on and paid out of the Consolidated
Fund.
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