Constitution of the Kingdom of Swaziland, 2005
(2)
(3)
eSwatini
In this Constitution—
(a)
a reference to an appointment to any office shall be construed as including a reference to the
appointment of a person to act or perform the functions of that office at any time when the
office is vacant or the holder of that office is unable to perform the functions of that office;
and
(b)
a reference to the holder of an office by the term designating the office of that holder shall
be construed as including a reference to any person for the time being lawfully acting in or
performing the functions of that office.
Save as otherwise provided in this Constitution, the Interpretation Act 1899 or its successor shall
apply, with the necessary adaptations, for the purpose of interpreting this Constitution.
Chapter XIX
Transitional provisions
262. Existing Goverrnment
Notwithstanding anything in this Constitution, the Goverrnment existing immediately before the coming
into force of this Constitution shall continue in office and, as far as possible, exercise its powers and
functions in such a manner and with such modifications as are necessary to bring them into conformity
with the provisions of this Constitution.
263. Existing Parliament
Notwithstanding anything in this Constitution, the Parliament existing immediately before the coming
into force of this Constitution shall continue in office and, as far as possible, exercise its powers and
functions in such a manner and with such modifications as are necessary to bring them into conformity
with the provisions of this Constitution.
264. Existing Courts of Judicature
The Court of Appeal and the High Court, in existence immediately before the commencement of this
Constitution shall be deemed, subject to such modifications as may be necessary, to have been established
under this Constitution and shall perform the functions of the Supreme Court and the High court specified
in Chapter VIII of this Constitution.
265. Continuation of appointment of Justices of superior courts
(1)
A Justice of the superior courts holding office immediately before the commencement of this
Constitution shall continue to hold office as if appointed to that office under this Constitution.
(2)
Any person to whom this section applies shall on the commencement of this Constitution be
deemed to have taken and subscribed the oath of allegiance and the judicial oath as prescribed by
this Constitution.
266. Existing offices
(1)
A person who immediately before the commencement of this Constitution held or was acting
in any office established by or by virtue of the Constitution then in force, so far as is consistent
with the provisions of this Constitution, shall be deemed to have been appointed as from
the commencement of this Constitution, to hold or to act in the equivalent office under this
Constitution.
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