Constitution of the Kingdom of Swaziland, 2005
eSwatini
Chapter XVII
Amendment of the Constitution
245. Mode of amendment
(1)
Subject to the provisions of this Chapter, Parliament may amend any provision of this Constitution
by the introduction of a bill expressly providing that the Constitution shall be amended as proposed
in that bill.
(2)
A bill to amend this Constitution shall only be introduced at a joint sitting of the Senate and the
House summoned for the purpose in accordance with the provisions of the First Schedule.
(3)
A bill under subsection (2) shall not be so introduced unless that bill has been published in the
Gazette not less than thirty days before the introduction at the joint sitting.
(4)
After the bill has been introduced in the joint sitting, no further proceedings shall be taken on the
bill in Parliament until the prescribed period has elapsed.
(5)
If, after the prescribed period the bill is passed at the joint sitting and or at a referendum with the
requisite majority, the bill shall be submitted to the King for assent.
246. Amendment of specially entrenched provisions
(1)
Where a bill in terms of this Chapter contains provision for amending any of the specially
entrenched provisions of this Constitution as set out in subsection (2), the bill shall not be passed
at the joint sitting unless it is supported on its final reading by the votes of not less than threequarters of all the members of the two chambers.
(2)
The specially entrenched provisions are as follows—
(3)
(a)
The Kingdom and its Constitution: section 2;
(b)
Monarchy: section 4, 5, 7(2), 7(3), 8(2), 9, 10, 11;
(c)
Protection and Promotion of Fundamental Rights and Freedoms Chapter III;
(d)
The Executive: section 64, 65, 66(1), 69(1), 69(2);
(e)
The Legislature: section 79, 84, 93, 106, 108, 115, 119(1), 134;
(f)
The Judicature: section 138, 139, 140, 141, 146, 151, 153(1) 155, 158, 159 except 159(5);
(g)
Director of Public Prosecutions and the Commission on Human Rights: section 162(1),
162(4), 162(6);
(h)
Public Finance: section 207(1);
(i)
Land, Minerals, etc.: section 210(1), 211(1), 213;
(j)
Traditional Institutions: section 227, 228, 229; 230; 231;
(k)
Amendment of the Constitution: Chapter XVII;
(l)
Miscellaneous: Chapter XVIII in its application to any of the provisions referred to in this
section except section 251;
(m)
the First Schedule in its application to any of the provisions referred to in this section.
Where a bill in terms of this section has been duly passed at a joint sitting that bill shall not be
presented to the King for assent unless it is approved by a simple majority of all votes validly cast
at a referendum in such manner as may be prescribed, at which every person who at the time of
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