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Vacation of seat on sentence, etc
99.
(1)
Where a member of the Senate or the House is for an offence which is a criminal
offence in Swaziland sentenced by a court in any country to death or imprisonment (by
whatever name called) for a term of or exceeding six months, including a suspended
sentence, that member shall forthwith cease to be such a member and the seat of that
member shall become vacant at the expiration of a period of sixty days from date of that
sentence.
(2)
The provisions of subsection (1) shall not apply where before the expiration of the
period of sixty days the member receives a free pardon or the conviction is set aside or the
sentence is reduced to a term of less than six months or a punishment other than
imprisonment is substituted.
(3)
Where in terms of subsection (2) the sentence of the member has been reduced to a
term less than six months but more than two months the member shall be deemed to have
been suspended by the Senate or House as the case maybe for the duration of the effective
term of imprisonment unless the concerned chamber resolves otherwise.
President of Senate
100.
(1)
When the Senate first meets after any general election, and before it proceeds to
despatch any other business, it shall elect, from within the Senate or outside the Senate, a
person to be the President of the Senate in accordance with the Standing Orders.
(2)
Where the office of the President falls vacant at any time before the next dissolution
of Parliament the Senate may elect as soon as practicable another person to the office of
President.
(3)
A person shall not be elected President unless that person has some parliamentary
experience and is otherwise able to maintain order in the Senate and properly guide the
Senators in their business in terms of the Standing Orders.
(4)
A person shall not be elected President from outside the Senate unless that person
qualifies in terms of this Constitution to be elected or appointed as a Senator.
(5)
A person shall not hold the position of President of Senate and that of a Cabinet
Minister simultaneously.
(6)
The salary and other allowances payable to the President shall not be varied to the
disadvantage of the President during tenure of office.
(7)
The office of President shall become vacant −
(a)
where the President resigns in writing addressed to the Clerk to Parliament;
(b)
where the Senate passes a resolution by not less than two-thirds of all its
members to that effect;
(c)
where circumstances arise which would render that President disqualified or
ineligible to be a Senator under this Constitution or any other law; or
(d)
where the President for any reason ceases to be a member of the Senate.
(8)
The person elected President of Senate shall not enter upon the duties of the office
unless that person has taken and subscribed before the Senate the oath of allegiance set out
in the Second Schedule.
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