Constitution of the Kingdom of Swaziland, 2005
(3)
eSwatini
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.
100. President of Senate
(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—
(8)
(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.
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.
101. Deputy President of Senate
(1)
The Deputy President of Senate shall be elected from among the Senators at the first meeting of the
Senate after any general election or whenever such office has become vacant, in accordance with
the Standing Orders.
(2)
The Deputy President shall perform the functions of the President whenever the President is absent
or is for any reason unable to perform the functions of that office or when the President authorises
the Deputy to do so.
(3)
The provisions of section 100(5), (6), (7) and (8) shall apply to the office of the Deputy President as
they apply to the office of President.
(4)
The office of Deputy President shall also become vacant where the Deputy is elected President of
the Senate.
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