Constitution of the Kingdom of Swaziland, 2005
(5)
eSwatini
In this section “pensions benefits” means any pensions, compensation, gratuities or other like
allowances for persons in respect of their services as public officers or for the widows, children,
dependants or personal representatives of such persons in respect of such services.
197. Right of action for wrongful dismissal, etc.
(1)
Where a public officer is removed from office under any of the provisions of this Constitution the
removal of that person shall be without prejudice to any right of action to which that person may
be entitled under any law for the time being in force for damages for wrongful dismissal or loss of
status.
(2)
The provisions of subsection (1) shall not apply and no damages shall be recoverable where the
public officer is offered appointment to another public office in respect of which the emoluments
are not less than the emoluments of the office from which that officer is removed.
(3)
The law relating to rights of action for damages for wrongful dismissal or loss of status shall not be
altered to the disadvantage of a public officer during the continuance in office of that public officer.
(4)
This section does not apply to the holder of the office—
(a)
of Judge of the High Court, Judge of the Supreme Court, Attorney-General, Director of Public
Prosecutions, or Auditor-General;
(b)
of member of a Service Commission, Commission or Board, established under this
Constitution;
(c)
to which section 188 applies;
who immediately prior to the appointment to that office (or where the person has held more than
one such office in succession, to those offices) was not a public officer.
Chapter XI
Public finance
198. Consolidated Fund
(1)
(2)
There shall be a Consolidated Fund into which, subject to the provisions of this Constitution, shall
be paid—
(a)
all revenue or other monies raised or received for the purposes or on behalf of the
Goverrnment; and
(b)
any other monies raised or received in trust for, or on behalf of, the Goverrnment.
The revenues or other monies referred to in subsection (1) shall not include revenues or other
moneys—
(a)
that are payable in terms of or under this Constitution or any other law into some other fund
established for a specific purpose; or
(b)
that may, in terms of or under any law, be retained by the department that received them for
the purposes of defraying the expenses of that department.
199. Withdrawals from Consolidated Fund or Public Fund
(1)
Monies shall not be withdrawn from the Consolidated Fund except—
(a)
to meet expenditure that is charged upon the Fund in terms of this Constitution or any other
law in force in Swaziland; or
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