Constitution of the Kingdom of Swaziland, 2005 eSwatini (3) Where a person is entitled to exercise an option as to which of two or more laws shall apply, the law for which that person shall opt, shall for the purposes of this section, be deemed to be more favourable to that person than the other law or laws. (4) All pensions benefits (except so far as they are a charge on some other fund and have been duly paid out of that fund to the person or authority to whom payment is due) shall be a charge on the Consolidated Fund. (5) Subject to the imposition of any reasonable conditions relating to the form in which any payment of pensions benefits is to be remitted, a person who is entitled to the payment of any pensions benefits and who is ordinarily resident outside Swaziland may, within a reasonable time after that person has received that payment, remit the whole of it (free from any deduction, charge or tax made or levied in respect of the remission) to any country of choice outside Swaziland. (6) Pensions benefits shall not be the subject of attachment by order of court for the satisfaction of any judgment or pending the determination of civil proceedings to which a person is a party except where that judgment or civil proceedings are in respect of maintenance. (7) In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependants or personal representatives of those persons in respect of that service. (8) Reference in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 196. Power of commissions over pensions (1) Where under any law any person or authority has a discretion— (a) to decide whether or not any pensions benefits shall be granted; or (b) to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold, reduce in amount or suspend those benefits. (2) Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to that person shall be the greatest amount for which that person is eligible unless the appropriate Commission concurs in that person being granted benefits of a smaller amount. (3) The appropriate Commission shall not concur under subsection (1) or subsection (2) in any action taken on the ground that any person who holds or has held the office of Judge of the High Court, Judge of the Supreme Court, Attorney-General, Auditor-General or Director of Public Prosecutions has been guilty of misbehaviour unless that person has been removed from office by reason of that misbehaviour. (4) In this section “the appropriate Commission” means— (a) in the case of benefits for which any person may be eligible in respect of the service in the public service of a person who, immediately before that person ceased to be a public officer, was subject to the disciplinary control of the Judicial Service Commission or that have been granted in respect of such service, the Judicial Service Commission; and (b) in any other case, the Civil Service Commission or any other Service Commission or similar body. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 72