Constitution of the Kingdom of Swaziland, 2005
eSwatini
(2)
Subject to the provisions of this Constitution, the principles of Swazi customary law (Swazi law and
custom) are hereby recognised and adopted and shall be applied and enforced as part of the law of
Swaziland.
(3)
The provisions of subsection (2) do not apply in respect of any custom that is, and to the extent that
it is, inconsistent with a provision of this Constitution or a statute, or repugnant to natural justice
or morality or general principles of humanity.
(4)
Parliament may—
(a)
provide for the proof and pleading of the rule of custom for any purpose;
(b)
regulate the manner in which or the purpose for which custom may be recognised, applied or
enforced; and
(c)
provide for the resolution of conflicts of customs or conflicts of personal laws.
253. Subordinate legislation
(1)
An Act of Parliament may make provision conferring functions on a joint sitting of the chambers
of Parliament with respect to any subordinate legislation (that is to say any instrument having the
force of law made under an Act of Parliament) and for the summoning and procedure of a joint
sitting for the purpose of the exercise of those functions.
(2)
Every subordinate legislation shall before commencement be laid before each chamber of
Parliament for a period of at least fourteen days.
(3)
Subject to the provisions of subsection (4), if during the period of fourteen days that legislation is
not called upon for debate by motion of any member, then the legislation shall be deemed to have
been approved by the chamber concerned.
(4)
Where the legislation is called up for debate, that legislation shall only come into force when
after the debate the chamber concerned resolves to approve the legislation with or without any
alterations.
(5)
The provisions of subsections (2) to (4) inclusive shall not apply where a chamber resolves by a twothirds majority of all its members that it shall not be necessary for the Minister concerned to place
the legislation in question before the chamber for the prescribed period.
254. References to public office, etc.
In this Constitution, unless the context otherwise requires, the expression “public office”—
(a)
shall be construed as including the offices of Judges of the High Court and Supreme Court, the
offices of members of all other courts of law in Swaziland (other than courts-martial), and the
offices of members of the Police Force and of members of the Prison Services; and
(b)
shall not be construed as including the offices of President or Deputy President of the Senate,
Speaker or Deputy Speaker of the House, Minister, Deputy Minister, Senator, member of the House
or member of any Commission established by this Constitution.
255. Acting appointments
(1)
In this Constitution, unless the context otherwise requires, a reference to the holder of an office by
the term designating that office shall be construed as including a reference to any person for the
time being lawfully acting in or exercising the functions of that office.
(2)
Where power is vested by this Constitution in any person or authority to appoint any person to
act in or perform the functions of any office where the holder of that power is himself unable to
perform those functions, the appointment shall not be called in question on the ground that the
holder of the office was able to perform those functions.
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