Constitution of the Kingdom of Swaziland, 2005
eSwatini
of 1970, shall, as may be amended and subject to any necessary adaptations, modifications and
qualifications, apply to the procedure and conduct of the business of the House of Assembly and
Senate.
122. Presiding in Senate
There shall preside at any meeting of the Senate—
(a)
the President of the Senate;
(b)
the Deputy President in the absence of the President or in the circumstances in which the rules of
procedure of the Senate authorise the Deputy President to preside; or
(c)
such other Senator as the Senate may elect for the purpose of presiding at that sitting in the
absence of the President and Deputy President.
123. Presiding in the House of Assembly
There shall preside at any sitting of the House—
(a)
the Speaker of the House of Assembly;
(b)
the Deputy Speaker, in the absence of the Speaker and in the circumstances in which the rules of
procedure of the House authorise the Deputy Speaker to preside; or
(c)
such member as the House may elect for the purpose of presiding at that sitting in the absence of
the Speaker or Deputy Speaker.
124. Quorum in Senate and House
(1)
Where objection is taken by a Senator present that there are present in the Senate (besides the
person presiding) fewer than twelve Senators and, after such interval as may be prescribed in the
rules of procedure of the Senate, the person presiding ascertains that there are still fewer than
twelve Senators present, the person presiding shall thereupon adjourn the Senate.
(2)
Where objection is taken by any member of the House present that there are present in the House
(besides the person presiding) fewer than thirty members and, after such interval as may be
prescribed in the rules of procedure of the House, the person presiding ascertains that there are still
fewer than thirty members present, the person presiding shall thereupon adjourn the House.
125. Voting in Parliament
(1)
Except as otherwise provided in this Constitution, any question proposed for decision in either
chamber of Parliament shall be determined by a majority of the votes of the members of that
chamber present and voting.
(2)
Subject to the provisions of subsection (3), the President or Deputy President of Senate or the
Speaker or Deputy Speaker of the House or a member of either chamber presiding in that chamber
shall have an original but not a casting vote.
(3)
A President of the Senate or Speaker of the House who is elected from outside the Senate or House
shall not have a right to vote in the chamber.
(4)
The Attorney-General shall have no vote in the House.
(5)
Where upon any question before either chamber the votes are equally divided the motion shall be
lost.
(6)
The rules of procedure of either chamber may make provision under which a member who votes
upon a question in which that member has a direct pecuniary interest shall be deemed not to have
voted.
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