Constitution of the Kingdom of Swaziland Act 2005


Affirmative Action (Broadly)

(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability.
(3) For the purposes of this section, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or disability.
(4) Subject to the provisions of subsection (5) Parliament shall not be competent to enact a law that is discriminatory either of itself or in its effect.
(5) Nothing in this section shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalances in society. (Sec. 20)

Affirmative Action (Broadly)

(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
… (Sec. 28)

Affirmative Action (Broadly)

(4) The State shall ensure gender balance and fair representation of marginalized groups in all constitutional and other bodies.
… (Sec. 60)

Affirmative Action (Broadly)

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

Citizenship and Nationality

A person born, whether before or after the commencement of this Constitution and whether in or outside of Swaziland, is a citizen by descent if by birth that person is a descendant. (Sec. 41)

Citizenship and Nationality

(1) A person born in or outside Swaziland before the commencement of this Constitution shall be a citizen of Swaziland by operation of law if at the birth of that person one of the parents was a citizen of Swaziland.
… (Sec. 42)

Citizenship and Nationality

(1) A person born in Swaziland after the commencement of this Constitution is a citizen of Swaziland by birth if at the time of birth the father of that person was a citizen of Swaziland in terms of this Constitution.
(2) A person born outside Swaziland after the commencement of this Constitution is a citizen of Swaziland if at the time of birth the father of that person was a citizen of Swaziland in terms of this Constitution.
(3) A person born outside Swaziland who becomes a citizen by virtue of subsection (2) shall cease to be a citizen if the father of that person was also born outside Swaziland unless, within one year after attaining the age of majority (or within such extended time as the Board may allow) that person notifies the Board in writing of the desire to retain the citizenship of Swaziland.
(4) Where a child born outside of marriage is not adopted by its father or claimed by that father in accordance with Swazi law and custom and the mother of that child is a citizen of Swaziland, the child shall be a citizen of Swaziland by birth.
(5) A child adopted, whether before or after the commencement of this Constitution, under the legislation relating to the adoption of children or under customary law, shall, if not already a citizen, be deemed to be a citizen of Swaziland by birth if, at the time of adoption the adoptive parent was a citizen of Swaziland or would have been a citizen if this Constitution were in force. (Sec. 43)

Citizenship and Nationality

(1) A woman who is not a citizen of Swaziland at the date of her marriage to a person who is a citizen (otherwise than by registration) shall become a citizen by lodging a declaration in the prescribed manner with the Minister responsible for citizenship or with any Diplomatic Mission or Consular Office of Swaziland or at any other prescribed office, either before or at any time during the marriage, accepting Swaziland citizenship.
(2) A woman who lodges a declaration in terms of subsection (1) shall be a citizen from the date of her marriage, where the declaration is lodged before the marriage, or where the declaration is lodged after marriage, from date of lodgement.
(3) This section applies to marriage whether before or after the commencement of this Constitution. (Sec. 44)

Citizenship and Nationality

(1) A person may acquire citizenship by registration where that person satisfies the Board on the conditions set out in subsection (2), (3) or (4).
(2) The conditions for registration of a person are that the person
(a) has been ordinarily and lawfully resident in Swaziland,
(i) for a continuous period of at least twelve months immediately preceding the date of application for registration; and
(ii) for periods amounting in the aggregate to not less than five years during the seven years preceding the date of application for registration.
(b) is of good character;
(c) has an adequate knowledge of siSwati or English;
(d) intends, in the event of citizenship being granted, to reside in Swaziland;
(e) has adequate means for support whilst in Swaziland; and
(f) has contributed and shall contribute to the development of the country.
(3) A person who is ordinarily resident in Swaziland and has been so resident for a period of at least ten years and whose application is supported by a Chief after consultation with bandlancane or supported by three reputable citizens, may be registered as a citizen.
(4) Citizenship by registration shall not be granted to any person under this section until that person has taken the oath or affirmation of allegiance in the Second Schedule or such other oath or affirmation as may be prescribed.
(5) The person to whom citizenship is granted in terms of this section shall be a citizen from the date on which a certificate of registration as a citizen is granted.
(6) In this section, “bandlancane” means a Chief’s council established in accordance with Swazi law and custom. (Sec. 45)

Citizenship and Nationality

A child born after the death of the father shall be deemed to be a citizen under this Chapter on the same conditions as if the father were alive when that child was born. (Sec. 46)

Citizenship and Nationality

(2) A woman who acquired citizenship as a consequence of her marriage to a citizen of Swaziland, may be deprived of that citizenship where the marriage was entered into merely for the purpose of acquiring citizenship. … (Sec. 49)

Citizenship and Nationality

If a citizen of Swaziland who has attained the age of majority, or being a woman is or is about to be married, is or is about to become a citizen of another country and for that reason desires to renounce his or her citizenship of Swaziland, that citizen may do so by lodging with the Board a declaration of renunciation of that citizenship and, upon lodgement of the declaration or, if not then a citizen of that other country, upon becoming that citizen, he or she shall cease to be a citizen of Swaziland. (Sec. 50)

Citizenship and Nationality

(1) The death of a citizen of Swaziland shall not affect the citizenship of a surviving spouse or child or another dependant.
(2) Loss of Swazi citizenship by a person shall not of itself affect the citizenship of a spouse or child. (Sec. 52)

Jurisdiction and Access

(2) Without derogating from the generality of subsection (1) the High Court has jurisdiction ­

(b) to hear and determine any matter of a constitutional nature.
… (Sec. 151)

Education

(6) Every Swazi child shall within three years of the commencement of this Constitution have the right to free education in public schools at least up to the end of primary school, beginning with the first grade.
… (Sec. 29)

Employment Rights and Protection

(1) A person has the right to practise a profession and to carry on any lawful occupation, trade or business.

(3) The employer of a female worker shall accord that worker protection before and after child birth in accordance with law.
(4) Parliament shall enact laws to -
(a) provide for the right of persons to work under satisfactory, safe and healthy conditions;
(b) ensure equal payment for equal work without discrimination;
(c) ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay as well as remuneration for public holidays; and
(d) protect employees from victimisation and unfair dismissal or treatment. (Sec. 32)

Equality and Non-Discrimination

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –
(a) respect for life, liberty, right to fair hearing, equality before the law and equal protection of the law;

(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)

Equality and Non-Discrimination

(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability.
(3) For the purposes of this section, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or disability.
(4) Subject to the provisions of subsection (5) Parliament shall not be competent to enact a law that is discriminatory either of itself or in its effect.
(5) Nothing in this section shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalances in society. (Sec. 20)

Obligations of the State

… Whereas it is necessary to protect and promote the fundamental rights and freedoms of ALL in our Kingdom in terms of a constitution which binds the Legislature, the Executive, the Judiciary and the other Organs and Agencies of the Government; … (Preamble)

Obligations of the State

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –
(a) respect for life, liberty, right to fair hearing, equality before the law and equal protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association and of movement;
(c) protection of the privacy of the home and other property rights of the individual;
(d) protection from deprivation of property without compensation;
(e) protection from inhuman or degrading treatment, slavery and forced labour, arbitrary search and entry; and
(f) respect for rights of the family, women, children, workers and persons with disabilities.
(2) The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Swaziland, and shall be enforceable by the courts as provided in this Constitution.
(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)

Obligations of the State

(3) The State shall cultivate among all the people of Swaziland through various measures including civic education respect for fundamental human rights and freedoms and the dignity of the human person.
… (Sec. 58)

Obligations of the State

(1) The State shall guarantee and respect institutions which are charged by the State with responsibility for protecting and promoting human rights and freedoms by providing those institutions with adequate resources to function effectively.
(2) The State shall guarantee and respect the independence of non-governmental organisations which protect and promote human rights.
… (Sec. 60)

Obligations of Private Parties

(2) The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Swaziland, and shall be enforceable by the courts as provided in this Constitution.
(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)

Obligations of Private Parties

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to -

(d) respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
… (Sec. 63)

Judicial Protection

(2) The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Swaziland, and shall be enforceable by the courts as provided in this Constitution.
… (Sec. 14)

Judicial Protection

(1) Where a person alleges that any of the foregoing provisions of this Chapter2 has been, is being, or is likely to be, contravened in relation to that person or a group of which that person is a member (or, in the case of a person who is detained, where any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction –
(a) to hear and determine any application made in pursuance of subsection (1);
(b) to determine any question which is referred to it in pursuance of subsection (3);
and may make such orders, issue such writs and make such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of this Chapter.
(3) If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of this Chapter, the person presiding in that court may, and shall where a party to the proceedings so requests, stay the proceedings and refer the question to the High Court unless, in the judgement of that person, which shall be final, the raising of the question is merely frivolous or vexatious.
… (Sec. 35)

Judicial Protection

(2) Without derogating from the generality of subsection (1) the High Court has jurisdiction ­
(a) to enforce the fundamental human rights and freedoms guaranteed by this Constitution;
… (Sec. 151)

National Human Rights Bodies

(1) There shall be established within a year of the first meeting of Parliament after the commencement of this Constitution, a Commission on Human Rights and Public Administration in this Chapter referred to as “the Commission”.
… (Sec. 163)

National Human Rights Bodies

(1) The Commission shall perform the following functions –
(a) investigate complaints concerning alleged violations of fundamental rights and freedoms under this Constitution;
(b) investigate complaints of injustice, corruption, abuse of power in office and unfair treatment of any person by a public officer in the exercise of official duties;
(c) investigate complaints concerning the functioning of any public service, service commission, administrative organ of the Government, the Armed Forces in so far as the complaints relate to the failure to achieve acceptable delivery of services or equitable access by all in the recruitment to those services or fair administration by those services;
(d) take appropriate action for the remedying, correction or reversal of instances specified in paragraphs (a), (b) and (c) through such means as are fair, proper and effective,
… (Sec. 164)

Limitations and/or Derogations

(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)

Limitations and/or Derogations

(1) Without prejudice to the power of Parliament to make provision in any situation or the provisions of section 38, nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of any provision of this Chapter3 to the extent that the law authorises the taking, during any period of public emergency, of measures that are reasonably justifiable for dealing with the situation that exists during that period.
(2) A law that is passed during a period of public emergency and is expressly declared to have effect only during that period shall have effect in terms provided in the section of this Chapter under which that law is passed. (Sec. 37)

Limitations and/or Derogations

Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms ­
(a) life, equality before the law and security of person;
(b) the right to fair hearing;
(c) freedom from slavery or servitude;
(d) the right to an order in terms of section 35 (1); and
(e) freedom from torture, cruel, inhuman or degrading treatment or punishment. (Sec. 38)

Limitations and/or Derogations

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to -

(d) respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
… (Sec. 63)

Marriage and Family Life

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –

(f) respect for rights of the family, women, children, workers and persons with disabilities.
… (Sec. 14)

Marriage and Family Life

(1) Men and women of marriageable age have a right to marry and found a family.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental unit of society and is entitled to protection by the State.
(4) Motherhood and childhood are entitled to special care and assistance by society and the State.
(5) Society and the State have the duty to preserve and sustain the harmonious development, cohesion and respect for the family and family values.
(6) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of the needy and the elderly. (Sec. 27)

Marriage and Family Life

(3) The child has the right to be properly cared for and brought up by parents or other lawful authority in place of parents.
(4) Children whether born in or out of wedlock shall enjoy the same protection and rights.

(7) Parliament shall enact laws necessary to ensure that ¬
(a) a child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law;
(b) a child is entitled to reasonable provision out of the estate of its parents;
(c) parents undertake their natural right and obligation of care, maintenance and proper upbringing of their children;
… (Sec. 29)

Marriage and Family Life

For the avoidance of doubt, the (common law) status of illegitimacy of persons born out of wedlock is abolished. (Sec. 31)

Marriage and Family Life

(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)

Marriage and Family Life

(5) The State shall make reasonable provision for the welfare and maintenance of the aged and shall protect the family and recognise the significant role of the family in society.
… (Sec. 60)

Participation in Public Life and Institutions

(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
… (Sec. 28)

Participation in Public Life and Institutions

(5) The State shall afford equality of economic opportunity to all citizens and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of economic development.
… (Sec. 59)

Participation in Public Life and Institutions

(4) The State shall ensure gender balance and fair representation of marginalized groups in all constitutional and other bodies.
… (Sec. 60)

Participation in Public Life and Institutions

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

Political Rights and Association

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –

(b) freedom of conscience, of expression and of peaceful assembly and association and of movement;
… (Sec. 14)

Political Rights and Association

(1) A person has the right to freedom of peaceful assembly and association.
(2) A person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of peaceful assembly and association, that is to say, the right to assemble peacefully and associate freely with other persons for the promotion or protection of the interests of that person.
… (Sec. 25)

Political Rights and Association

(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
… (Sec. 28)

Political Rights and Association

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

Political Rights and Association

(1) Subject to the provisions of this Constitution, every Swazi or person ordinarily resident in Swaziland has a right to vote at any election of members of the House or members of the Bucopho.
… (Sec. 85)

Political Rights and Association

(1) Subject to the provisions of section 89, a person is qualified to be registered as a voter if, and is not otherwise qualified unless, that person has attained the age of eighteen years and is a citizen of or is ordinarily resident in Swaziland.
… (Sec. 88)

National level

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

National level

(1) Where at the first meeting of the House after any general election it appears that female members of Parliament will not constitute at least thirty percentum of the total membership of Parliament, then, and only then, the provisions of this section shall apply.
(2) For the purposes of this section, the House shall form itself into an electoral college and elect not more than four women on a regional basis to the House in accordance with the provisions of section 95(3). (Sec. 86)

National level

(1) The Senate shall consist of not more than thirty-one members (in this Constitution referred to as “Senators”) who shall be elected or appointed in accordance with this section.
(2) Ten Senators, at least half of whom shall be female, shall be elected by the members of the House in such manner as may be prescribed by or under any law at their first meeting so as to represent a cross−section of the Swazi society.
(3) Twenty Senators, at least eight of whom shall be female, shall be appointed by the King acting in his discretion after consultation with such bodies as the King may deem appropriate.
(4) The Senators appointed in terms of subsection (3) shall be persons who, in the opinion of the King –
(a) are able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalized interests not already adequately represented in Parliament; or
(b) are by reason of their particular merit, able to contribute substantially to the good government and progressive development of Swaziland. (Sec. 94)

National level

(1) Subject to the provisions of this Constitution, the House of Assembly shall consist of not more than seventy-six members composed as follows –
(a) not more than sixty members elected from tinkhundla areas serving as constituencies;
(b) not more than ten members nominated by the King acting in his discretion after consultation with such bodies as the King may deem appropriate;
(c) four female members specially elected from the four Regions subject to subsection (3);
(d) the Attorney-General who shall be an ex officio member.
(2) The nominated members of the House shall be appointed by the King −
(a) so that at least half of them are female; and
(b) so as to represent interests, including marginalized groups, not already adequately represented in the House.
(3) The members elected on a regional basis, under subsection (1)(c), shall continue to be so elected, whenever the provisions of section 86 (1) are true, in terms of the following paragraphs −
(a) at the instance of the Chairman of the Elections and Boundaries Commission, the elected members from each Region shall on their first meeting nominate not less than three and not more than five women from each Region qualified to be members of Parliament;
(b) the list of nominated candidates shall be published in at least two local newspapers and the electronic media on at least three consecutive days; and
(c) after ten days from the date of last publication the House shall meet to vote for one woman from each of the Regions, taking into consideration any relevant in-put in terms of paragraph (b). (Sec. 95)4

Electoral Bodies

(1) There shall be an independent authority styled the Elections and Boundaries Commission (“the Commission”) for Swaziland consisting of a chairperson, deputy chairperson and three other members.

(7) The functions of the Commission shall be to –
(a) oversee and supervise the registration of voters and ensure fair and free elections at primary, secondary or other level;
(b) facilitate civic or voter education as may be necessary in between elections;
(c) review and determine the boundaries of tinkhundla areas for purposes of elections;
(d) perform such other functions in connection with elections or boundaries as may be prescribed;
(e) produce periodic reports in respect of work done.
… (Sec. 90)

Head of State

(1) Without prejudice to the provisions of section 228, King and iNgwenyama of Swaziland is an hereditary Head of State and shall have such official name as shall be designated on the occasion of his accession to the Throne.
… (Sec. 4)

Head of State

(1) Succession to the office of King and iNgwenyama is hereditary and governed by this Constitution and Swazi law and custom.
(2) Where the office of King and iNgwenyama becomes vacant the successor to the Throne shall be determined and declared in accordance with Swazi law and custom. (Sec. 5)

Head of State

(1) Without prejudice to the provisions of section 229, the Ndlovukazi is traditionally the mother of the King and iNgwenyama and is appointed in accordance with Swazi law and custom.
(2) Until the King and iNgwenyama has been installed, that is to say, until he has publicly assumed the functions and responsibilities of the King and iNgwenyama in accordance with this Constitution and Swazi law and custom, or during any period when he is by reason of absence from Swaziland or any other cause unable to perform the functions of his office, those functions shall be performed, save as otherwise provided in this Constitution, by the Ndlovukazi acting as Queen Regent.
… (Sec. 7)

Government

(3) Subject to the provisions of this Constitution, the King may exercise the executive authority either directly or through the Cabinet or a Minister.
… (Sec. 64)

Government

(1) There shall be a Cabinet which shall consist of the Prime Minister, Deputy Prime Minister and such number of Ministers as the King, after consultations with the Prime Minister, may deem necessary for the purpose of administering and executing the functions of the Government.
(2) The Prime Minister shall be the chairman of the Cabinet and leader of Government business in Parliament. (Sec. 66)

Government

(1) The King shall appoint the Prime Minister from among members of the House acting on recommendation of the King’s Advisory Council.
(2) The King shall appoint Ministers from both chambers of Parliament on the recommendation of the Prime Minister.
(3) At least half the number of Ministers shall be appointed from among the elected members of the House. (Sec. 67)

Legislature

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

Legislature

(1) Where at the first meeting of the House after any general election it appears that female members of Parliament will not constitute at least thirty percentum of the total membership of Parliament, then, and only then, the provisions of this section shall apply.
(2) For the purposes of this section, the House shall form itself into an electoral college and elect not more than four women on a regional basis to the House in accordance with the provisions of section 95(3). (Sec. 86)

Legislature

(1) The election of persons to any chamber of Parliament or Bucopho shall be by secret ballot at both primary and secondary levels or any other level in accordance with the first-past-the-post system in which the person receiving the highest number of votes is elected.
… (Sec. 87)

Legislature

The Parliament of Swaziland shall consist of a Senate and a House of Assembly. (Sec. 93)

Legislature

(1) The Senate shall consist of not more than thirty-one members (in this Constitution referred to as “Senators”) who shall be elected or appointed in accordance with this section.
(2) Ten Senators, at least half of whom shall be female, shall be elected by the members of the House in such manner as may be prescribed by or under any law at their first meeting so as to represent a cross−section of the Swazi society.
(3) Twenty Senators, at least eight of whom shall be female, shall be appointed by the King acting in his discretion after consultation with such bodies as the King may deem appropriate.
(4) The Senators appointed in terms of subsection (3) shall be persons who, in the opinion of the King –
(a) are able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalized interests not already adequately represented in Parliament; or
(b) are by reason of their particular merit, able to contribute substantially to the good government and progressive development of Swaziland. (Sec. 94)

Legislature

(1) Subject to the provisions of this Constitution, the House of Assembly shall consist of not more than seventy-six members composed as follows –
(a) not more than sixty members elected from tinkhundla areas serving as constituencies;
(b) not more than ten members nominated by the King acting in his discretion after consultation with such bodies as the King may deem appropriate;
(c) four female members specially elected from the four Regions subject to subsection (3);
(d) the Attorney-General who shall be an ex officio member.
(2) The nominated members of the House shall be appointed by the King −
(a) so that at least half of them are female; and
(b) so as to represent interests, including marginalized groups, not already adequately represented in the House.
(3) The members elected on a regional basis, under subsection (1)(c), shall continue to be so elected, whenever the provisions of section 86 (1) are true, in terms of the following paragraphs −
(a) at the instance of the Chairman of the Elections and Boundaries Commission, the elected members from each Region shall on their first meeting nominate not less than three and not more than five women from each Region qualified to be members of Parliament;
(b) the list of nominated candidates shall be published in at least two local newspapers and the electronic media on at least three consecutive days; and
(c) after ten days from the date of last publication the House shall meet to vote for one woman from each of the Regions, taking into consideration any relevant in-put in terms of paragraph (b). (Sec. 95)5

Legislature

Subject to the provisions of this Constitution, a person qualifies to be appointed, elected or nominated, as the case may be, as a Senator or a member of the House if that person –
(a) is a citizen of Swaziland;
(b) has attained the age of eighteen years and is a registered voter;
(c) has paid all taxes or made arrangements satisfactory to the Commissioner of Taxes; and
(d) is registered as a voter in the inkhundla in which that person is a candidate (in the case of elected members). (Sec. 96)

Property, Inheritance and Land Tenure

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –

(c) protection of the privacy of the home and other property rights of the individual;
… (Sec. 14)

Property, Inheritance and Land Tenure

(1) A person has a right to own property either alone or in association with others.
… (Sec. 19)

Property, Inheritance and Land Tenure

(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)

Property, Inheritance and Land Tenure

(2) Save as may be required by the exigencies of any particular situation, a citizen of Swaziland, without regard to gender, shall have equal access to land for normal domestic purposes.
… (Sec. 211)

Protection from Violence

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –

(e) protection from inhuman or degrading treatment, slavery and forced labour, arbitrary search and entry;
… (Sec. 14)

Protection from Violence

(1) A person shall not be held in slavery or servitude.
(2) A person shall not be required to perform forced labour.
… (Sec. 17)

Protection from Violence

(1) The dignity of every person is inviolable.
(2) A person shall not be subjected to torture or to inhuman or degrading treatment or punishment. (Sec. 18)

Protection from Violence

(2) A child shall not be subjected to abuse or torture or other cruel inhuman and degrading treatment or punishment subject to lawful and moderate chastisement for purposes of correction.

(7) Parliament shall enact laws necessary to ensure that ¬–

(d) children receive special protection against exposure to physical and moral hazards within and outside the family. (Sec. 29)

Protection from Violence

Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms ­
(a) life, equality before the law and security of person;

(c) freedom from slavery or servitude;

(e) freedom from torture, cruel, inhuman or degrading treatment or punishment. (Sec. 38)

Public Institutions and Services

(3) The family is the natural and fundamental unit of society and is entitled to protection by the State.
(4) Motherhood and childhood are entitled to special care and assistance by society and the State.
(5) Society and the State have the duty to preserve and sustain the harmonious development, cohesion and respect for the family and family values.
(6) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of the needy and the elderly. (Sec. 27)

Public Institutions and Services

(2) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.
… (Sec. 28)

Public Institutions and Services

(5) The State shall make reasonable provision for the welfare and maintenance of the aged and shall protect the family and recognise the significant role of the family in society.

(8) Without compromising quality the State shall promote free and compulsory basic education for all and shall take all practical measures to ensure the provision of basic health care services to the population.
… (Sec. 60)

Public Institutions and Services

(1) The law to be applied with respect to any pensions benefits that were granted to any person at the date of the commencement of this Constitution shall be the law that is in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

(7) In this section ―pensions benefits‖ means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependants or personal representatives of those persons in respect of that service.
… (Sec. 195)

Public Institutions and Services

(1) Where under any law any person or authority has a discretion –
(a) to decide whether or not any pensions benefits shall be granted; or
(b) to withhold, reduce in amount or suspend any such benefits that have been granted,
those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold, reduce in amount or suspend those benefits.

(5) In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their services as public officers or for the widows, children, dependants or personal representatives of such persons in respect of such services.
… (Sec. 196)

Sexual and Reproductive Rights

(5) Abortion is unlawful but may be allowed -
(a) on medical or therapeutic grounds including where a doctor certifies that –
i. continued pregnancy will endanger the life or constitute a serious threat to the physical health of the woman;
ii. continued pregnancy will constitute a serious threat to the mental health of the woman;
iii. there is serious risk that the child will suffer from physical or mental defect of such a nature that the child will be irreparably seriously handicapped;
(b) where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a mentally retarded female; or
(c) on such other grounds as Parliament may prescribe. (Sec. 15)

Status of the Constitution

… Now, THEREFORE, WE, iNgwenyama–in-Council, acting together with and on the Approval of the Swazi Nation meeting as the Swazi National Council assembled at Ludzidzini this 4th day of October, 2004, hereby Accept the following Constitution as the Supreme Law of the Land. (Preamble)

Status of the Constitution

(1) This Constitution is the supreme law of Swaziland and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.
(2) The King and iNgwenyama and all the citizens of Swaziland have the right and duty at all times to uphold and defend this Constitution.
… (Sec. 2)

Status of the Constitution

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to -
(a) uphold and defend this Constitution and the law;
… (Sec. 63)

Status of the Constitution

(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.
... (Sec. 252)

Status of International Law

(4) Unless it is self-executing, an international agreement becomes law in Swaziland only when enacted into law by Parliament.
… (Sec. 238)

Status of International Law

Where Swaziland or the Government was a party immediately before the commencement of this Constitution to any treaty, agreement or convention, such treaty, agreement or convention shall not be affected by the commencement of this Constitution, and Swaziland or the Government as the case may be, shall continue to be party to it. (Sec. 279)

Customary Law

… Whereas it has become necessary to review the various constitutional documents, decrees, laws, customs and practices so as to promote good governance, the rule of law, respect for our institutions and the progressive development of the Swazi society;
Whereas it is necessary to blend the good institutions of traditional Law and custom with those of an open and democratic society so as to promote transparency and the social, economic and cultural development of our Nation; … (Preamble)

Customary Law

(3) A woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed. (Sec. 28)

Customary Law

(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)

Customary Law

(10) The State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole.
… (Sec. 60)

Customary Law

(1) A bill (including any amendment to a bill) which, in the opinion of the presiding officer would affect or alter any matter regulated in terms of this section shall only be introduced in the Senate.
(2) Where a bill, in terms of this section, is duly introduced the Senate shall not proceed to the Second Reading of that bill until
(a) a copy of that bill has been sent by the President to the Council of Chiefs, and
(b) a period of sixty days has elapsed since the copy was sent to the Council in terms of paragraph (a).
(3) Subject to the provisions of subsection (4), where a bill affecting or altering any of the matters referred to in this section has been introduced in and passed by the Senate and has been sent to the House at least sixty days before the end of the session but has not within that period been passed by both Chambers, the bill shall be referred to a joint sitting of the Senate and the House in accordance with the provisions of the First Schedule.
(4) A bill having been duly introduced in and passed by the Senate shall not be referred to a joint sitting in terms of subsection (3) where the bill
(a) has been sent to the House at least sixty days before the end of the session, and
(b) has not been considered by the House within sixty days after the bill is so sent, but shall, unless the Senate otherwise agrees, be presented to the King for assent.
(5) A bill shall not be presented to the King for assent in terms of subsection (4) unless the Senate so resolves by two-thirds majority of all the Senators.
(6) The provisions of this section apply to a bill which, in the opinion of the presiding officer would, if enacted, alter or affect
(a) the status, powers or privileges, designation or recognition of the Ngwenyama, Ndlovukazi or Umntfwanenkhosi Lomkhulu;
(b) the designation, recognition, removal, powers, of chief or other traditional authority;
(c) the organisation, powers or administration of Swazi (customary) courts or chiefs’ courts;
(d) Swazi law and custom, or the ascertainment or recording of Swazi law and custom;
(e) Swazi nation land; or
(f) Incwala, Umhlanga (Reed Dance), Libutfo (Regimental system) or similar cultural activity or organisation.
(7) Subject to the provisions of this section, the matters listed under subsection (6) shall continue to be regulated by Swazi law and custom. (Sec. 115)

Customary Law

(8) Notwithstanding subsection (1), the High Court has no original or appellate jurisdiction in matters relating to the office of iNgwenyama; the office of iNdlovukazi (the Queen Mother); the authorisation of a person to perform the functions of Regent in terms of section 8; the appointment, revocation and suspension of a Chief; the composition of the Swazi National Council, the appointment and revocation of appointment of the Council and the procedure of the Council; and the Libutfo (regimental) system, which matters shall continue to be governed by Swazi law and Custom. (Sec. 151)

Customary Law

(1) The Swazi traditional government is administered according to Swazi law and custom and the traditional institutions that are pillars of the monarchy as set out in subsection (2).
(2) The following Swazi traditional institutions are hereby guaranteed and protected -
(a) iNgwenyama;
(b) iNdlovukazi;
(c) Ligunqa (Princes of the Realm);
(d) Liqoqo;
(e) Sibaya;
(f) (Tikhulu) Chiefs;
(g) Umntfwanenkhosi Lomkhulu (Senior Prince);
(h) Tindvuna (Royal Governors). (Sec. 227)

Customary Law

(1) INgwenyama is the traditional head of the Swazi State and is chosen by virtue of the rank and character of his mother in accordance with Swazi law and custom.
(2) INgwenyama enjoys the same legal protection and immunity from legal suit or process as the King.
(3) Subject to an elaborate system of advisory councils, the functions of iNgwenyama under this chapter shall be regulated by Swazi law and custom. (Sec. 228)

Customary Law

(1) The Ndlovukazi (Queen Mother) is traditionally the mother of the iNgwenyama and the symbolic Grandmother of the Nation.
(2) The Ndlovukazi is selected and appointed in accordance with Swazi law and custom.
(3) The official residence of the Ndlovukazi is the legislative and ceremonial capital of the nation and the arena of the Incwala and Umhlanga.
(4) The Ndlovukazi has such powers and performs such functions as Swazi law and custom assigns to her.
(5) Without derogating from the generality of subsection (4) the Ndlovukazi exercises a moderating advisory role on iNgwenyama.
… (Sec. 229)

Customary Law

(1) Chiefs are the footstool of iNgwenyama and iNgwenyama rules through the Chiefs.
(2) The iNgwenyama may appoint any person to be chief over any area.
(3) The general rule is that every umphakatsi (Chief’s residence) is headed by a Chief who is appointed by iNgwenyama after the Chief has been selected by the lusendvo (family council) and shall vacate office in like manner.
(4) The position of a Chief as a local head of one or more areas is usually hereditary and is regulated by Swazi law and custom.
(5) Unless the situation otherwise requires, a chief shall assume office at the age of eighteen years or so soon thereafter as the period of mourning comes to an end.
(6) A Chief, as a symbol of unity and a father of the community, does not take part in partisan politics.
(7) A Chief may be appointed to any public office for which the Chief may be otherwise qualified.
(8) The powers and functions of chiefs are in accordance with Swazi law and custom or conferred by Parliament or iNgwenyama from time to time.
(9) In the exercise of the functions and duties of his office a Chief enforces a custom, tradition, practice or usage which is just and not discriminatory. (Sec. 233)

Customary Law

(1) There shall be a Council of Chiefs which shall be composed of twelve Chiefs drawn from the four regions of the Kingdom appointed by the iNgwenyama on a rotational basis.
(2) There shall be a Chairman of the Council who shall be appointed by the iNgwenyama and a secretary whose office shall be a public office.
(3) The Council of Chiefs shall be responsible for, among other things­
(a) advising the King on customary issues and any matter relating to or affecting chieftaincy including chieftaincy disputes;
(b) performing the function in terms of section 115; and
(c) performing such other functions as may be assigned by this Constitution or any other law.
… (Sec. 251)

Customary Law

(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. (Sec. 252)

Women’s Rights

(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
(2) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.
(3) A woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed. (Sec. 28)

Affirmative Action (Broadly)

English

(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability.
(3) For the purposes of this section, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or disability.
(4) Subject to the provisions of subsection (5) Parliament shall not be competent to enact a law that is discriminatory either of itself or in its effect.
(5) Nothing in this section shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalances in society. (Sec. 20)

Affirmative Action (Broadly)

English

(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
… (Sec. 28)

Affirmative Action (Broadly)

English

(4) The State shall ensure gender balance and fair representation of marginalized groups in all constitutional and other bodies.
… (Sec. 60)

Affirmative Action (Broadly)

English

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

Citizenship and Nationality

English

A person born, whether before or after the commencement of this Constitution and whether in or outside of Swaziland, is a citizen by descent if by birth that person is a descendant. (Sec. 41)

Citizenship and Nationality

English

(1) A person born in or outside Swaziland before the commencement of this Constitution shall be a citizen of Swaziland by operation of law if at the birth of that person one of the parents was a citizen of Swaziland.
… (Sec. 42)

Citizenship and Nationality

English

(1) A person born in Swaziland after the commencement of this Constitution is a citizen of Swaziland by birth if at the time of birth the father of that person was a citizen of Swaziland in terms of this Constitution.
(2) A person born outside Swaziland after the commencement of this Constitution is a citizen of Swaziland if at the time of birth the father of that person was a citizen of Swaziland in terms of this Constitution.
(3) A person born outside Swaziland who becomes a citizen by virtue of subsection (2) shall cease to be a citizen if the father of that person was also born outside Swaziland unless, within one year after attaining the age of majority (or within such extended time as the Board may allow) that person notifies the Board in writing of the desire to retain the citizenship of Swaziland.
(4) Where a child born outside of marriage is not adopted by its father or claimed by that father in accordance with Swazi law and custom and the mother of that child is a citizen of Swaziland, the child shall be a citizen of Swaziland by birth.
(5) A child adopted, whether before or after the commencement of this Constitution, under the legislation relating to the adoption of children or under customary law, shall, if not already a citizen, be deemed to be a citizen of Swaziland by birth if, at the time of adoption the adoptive parent was a citizen of Swaziland or would have been a citizen if this Constitution were in force. (Sec. 43)

Citizenship and Nationality

English

(1) A woman who is not a citizen of Swaziland at the date of her marriage to a person who is a citizen (otherwise than by registration) shall become a citizen by lodging a declaration in the prescribed manner with the Minister responsible for citizenship or with any Diplomatic Mission or Consular Office of Swaziland or at any other prescribed office, either before or at any time during the marriage, accepting Swaziland citizenship.
(2) A woman who lodges a declaration in terms of subsection (1) shall be a citizen from the date of her marriage, where the declaration is lodged before the marriage, or where the declaration is lodged after marriage, from date of lodgement.
(3) This section applies to marriage whether before or after the commencement of this Constitution. (Sec. 44)

Citizenship and Nationality

English

(1) A person may acquire citizenship by registration where that person satisfies the Board on the conditions set out in subsection (2), (3) or (4).
(2) The conditions for registration of a person are that the person
(a) has been ordinarily and lawfully resident in Swaziland,
(i) for a continuous period of at least twelve months immediately preceding the date of application for registration; and
(ii) for periods amounting in the aggregate to not less than five years during the seven years preceding the date of application for registration.
(b) is of good character;
(c) has an adequate knowledge of siSwati or English;
(d) intends, in the event of citizenship being granted, to reside in Swaziland;
(e) has adequate means for support whilst in Swaziland; and
(f) has contributed and shall contribute to the development of the country.
(3) A person who is ordinarily resident in Swaziland and has been so resident for a period of at least ten years and whose application is supported by a Chief after consultation with bandlancane or supported by three reputable citizens, may be registered as a citizen.
(4) Citizenship by registration shall not be granted to any person under this section until that person has taken the oath or affirmation of allegiance in the Second Schedule or such other oath or affirmation as may be prescribed.
(5) The person to whom citizenship is granted in terms of this section shall be a citizen from the date on which a certificate of registration as a citizen is granted.
(6) In this section, “bandlancane” means a Chief’s council established in accordance with Swazi law and custom. (Sec. 45)

Citizenship and Nationality

English

A child born after the death of the father shall be deemed to be a citizen under this Chapter on the same conditions as if the father were alive when that child was born. (Sec. 46)

Citizenship and Nationality

English

(2) A woman who acquired citizenship as a consequence of her marriage to a citizen of Swaziland, may be deprived of that citizenship where the marriage was entered into merely for the purpose of acquiring citizenship. … (Sec. 49)

Citizenship and Nationality

English

If a citizen of Swaziland who has attained the age of majority, or being a woman is or is about to be married, is or is about to become a citizen of another country and for that reason desires to renounce his or her citizenship of Swaziland, that citizen may do so by lodging with the Board a declaration of renunciation of that citizenship and, upon lodgement of the declaration or, if not then a citizen of that other country, upon becoming that citizen, he or she shall cease to be a citizen of Swaziland. (Sec. 50)

Citizenship and Nationality

English

(1) The death of a citizen of Swaziland shall not affect the citizenship of a surviving spouse or child or another dependant.
(2) Loss of Swazi citizenship by a person shall not of itself affect the citizenship of a spouse or child. (Sec. 52)

Jurisdiction and Access

English

(2) Without derogating from the generality of subsection (1) the High Court has jurisdiction ­

(b) to hear and determine any matter of a constitutional nature.
… (Sec. 151)

Education

English

(6) Every Swazi child shall within three years of the commencement of this Constitution have the right to free education in public schools at least up to the end of primary school, beginning with the first grade.
… (Sec. 29)

Employment Rights and Protection

English

(1) A person has the right to practise a profession and to carry on any lawful occupation, trade or business.

(3) The employer of a female worker shall accord that worker protection before and after child birth in accordance with law.
(4) Parliament shall enact laws to -
(a) provide for the right of persons to work under satisfactory, safe and healthy conditions;
(b) ensure equal payment for equal work without discrimination;
(c) ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay as well as remuneration for public holidays; and
(d) protect employees from victimisation and unfair dismissal or treatment. (Sec. 32)

Equality and Non-Discrimination

English

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –
(a) respect for life, liberty, right to fair hearing, equality before the law and equal protection of the law;

(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)

Equality and Non-Discrimination

English

(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability.
(3) For the purposes of this section, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or disability.
(4) Subject to the provisions of subsection (5) Parliament shall not be competent to enact a law that is discriminatory either of itself or in its effect.
(5) Nothing in this section shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalances in society. (Sec. 20)

Obligations of the State

English

… Whereas it is necessary to protect and promote the fundamental rights and freedoms of ALL in our Kingdom in terms of a constitution which binds the Legislature, the Executive, the Judiciary and the other Organs and Agencies of the Government; … (Preamble)

Obligations of the State

English

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –
(a) respect for life, liberty, right to fair hearing, equality before the law and equal protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association and of movement;
(c) protection of the privacy of the home and other property rights of the individual;
(d) protection from deprivation of property without compensation;
(e) protection from inhuman or degrading treatment, slavery and forced labour, arbitrary search and entry; and
(f) respect for rights of the family, women, children, workers and persons with disabilities.
(2) The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Swaziland, and shall be enforceable by the courts as provided in this Constitution.
(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)

Obligations of the State

English

(3) The State shall cultivate among all the people of Swaziland through various measures including civic education respect for fundamental human rights and freedoms and the dignity of the human person.
… (Sec. 58)

Obligations of the State

English

(1) The State shall guarantee and respect institutions which are charged by the State with responsibility for protecting and promoting human rights and freedoms by providing those institutions with adequate resources to function effectively.
(2) The State shall guarantee and respect the independence of non-governmental organisations which protect and promote human rights.
… (Sec. 60)

Obligations of Private Parties

English

(2) The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Swaziland, and shall be enforceable by the courts as provided in this Constitution.
(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)

Obligations of Private Parties

English

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to -

(d) respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
… (Sec. 63)

Judicial Protection

English

(2) The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Swaziland, and shall be enforceable by the courts as provided in this Constitution.
… (Sec. 14)

Judicial Protection

English

(1) Where a person alleges that any of the foregoing provisions of this Chapter2 has been, is being, or is likely to be, contravened in relation to that person or a group of which that person is a member (or, in the case of a person who is detained, where any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction –
(a) to hear and determine any application made in pursuance of subsection (1);
(b) to determine any question which is referred to it in pursuance of subsection (3);
and may make such orders, issue such writs and make such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of this Chapter.
(3) If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of this Chapter, the person presiding in that court may, and shall where a party to the proceedings so requests, stay the proceedings and refer the question to the High Court unless, in the judgement of that person, which shall be final, the raising of the question is merely frivolous or vexatious.
… (Sec. 35)

Judicial Protection

English

(2) Without derogating from the generality of subsection (1) the High Court has jurisdiction ­
(a) to enforce the fundamental human rights and freedoms guaranteed by this Constitution;
… (Sec. 151)

National Human Rights Bodies

English

(1) There shall be established within a year of the first meeting of Parliament after the commencement of this Constitution, a Commission on Human Rights and Public Administration in this Chapter referred to as “the Commission”.
… (Sec. 163)

National Human Rights Bodies

English

(1) The Commission shall perform the following functions –
(a) investigate complaints concerning alleged violations of fundamental rights and freedoms under this Constitution;
(b) investigate complaints of injustice, corruption, abuse of power in office and unfair treatment of any person by a public officer in the exercise of official duties;
(c) investigate complaints concerning the functioning of any public service, service commission, administrative organ of the Government, the Armed Forces in so far as the complaints relate to the failure to achieve acceptable delivery of services or equitable access by all in the recruitment to those services or fair administration by those services;
(d) take appropriate action for the remedying, correction or reversal of instances specified in paragraphs (a), (b) and (c) through such means as are fair, proper and effective,
… (Sec. 164)

Limitations and/or Derogations

English

(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)

Limitations and/or Derogations

English

(1) Without prejudice to the power of Parliament to make provision in any situation or the provisions of section 38, nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of any provision of this Chapter3 to the extent that the law authorises the taking, during any period of public emergency, of measures that are reasonably justifiable for dealing with the situation that exists during that period.
(2) A law that is passed during a period of public emergency and is expressly declared to have effect only during that period shall have effect in terms provided in the section of this Chapter under which that law is passed. (Sec. 37)

Limitations and/or Derogations

English

Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms ­
(a) life, equality before the law and security of person;
(b) the right to fair hearing;
(c) freedom from slavery or servitude;
(d) the right to an order in terms of section 35 (1); and
(e) freedom from torture, cruel, inhuman or degrading treatment or punishment. (Sec. 38)

Limitations and/or Derogations

English

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to -

(d) respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
… (Sec. 63)

Marriage and Family Life

English

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –

(f) respect for rights of the family, women, children, workers and persons with disabilities.
… (Sec. 14)

Marriage and Family Life

English

(1) Men and women of marriageable age have a right to marry and found a family.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental unit of society and is entitled to protection by the State.
(4) Motherhood and childhood are entitled to special care and assistance by society and the State.
(5) Society and the State have the duty to preserve and sustain the harmonious development, cohesion and respect for the family and family values.
(6) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of the needy and the elderly. (Sec. 27)

Marriage and Family Life

English

(3) The child has the right to be properly cared for and brought up by parents or other lawful authority in place of parents.
(4) Children whether born in or out of wedlock shall enjoy the same protection and rights.

(7) Parliament shall enact laws necessary to ensure that ¬
(a) a child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law;
(b) a child is entitled to reasonable provision out of the estate of its parents;
(c) parents undertake their natural right and obligation of care, maintenance and proper upbringing of their children;
… (Sec. 29)

Marriage and Family Life

English

For the avoidance of doubt, the (common law) status of illegitimacy of persons born out of wedlock is abolished. (Sec. 31)

Marriage and Family Life

English

(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)

Marriage and Family Life

English

(5) The State shall make reasonable provision for the welfare and maintenance of the aged and shall protect the family and recognise the significant role of the family in society.
… (Sec. 60)

Participation in Public Life and Institutions

English

(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
… (Sec. 28)

Participation in Public Life and Institutions

English

(5) The State shall afford equality of economic opportunity to all citizens and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of economic development.
… (Sec. 59)

Participation in Public Life and Institutions

English

(4) The State shall ensure gender balance and fair representation of marginalized groups in all constitutional and other bodies.
… (Sec. 60)

Participation in Public Life and Institutions

English

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

Political Rights and Association

English

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –

(b) freedom of conscience, of expression and of peaceful assembly and association and of movement;
… (Sec. 14)

Political Rights and Association

English

(1) A person has the right to freedom of peaceful assembly and association.
(2) A person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of peaceful assembly and association, that is to say, the right to assemble peacefully and associate freely with other persons for the promotion or protection of the interests of that person.
… (Sec. 25)

Political Rights and Association

English

(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
… (Sec. 28)

Political Rights and Association

English

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

Political Rights and Association

English

(1) Subject to the provisions of this Constitution, every Swazi or person ordinarily resident in Swaziland has a right to vote at any election of members of the House or members of the Bucopho.
… (Sec. 85)

Political Rights and Association

English

(1) Subject to the provisions of section 89, a person is qualified to be registered as a voter if, and is not otherwise qualified unless, that person has attained the age of eighteen years and is a citizen of or is ordinarily resident in Swaziland.
… (Sec. 88)

National level

English

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

National level

English

(1) Where at the first meeting of the House after any general election it appears that female members of Parliament will not constitute at least thirty percentum of the total membership of Parliament, then, and only then, the provisions of this section shall apply.
(2) For the purposes of this section, the House shall form itself into an electoral college and elect not more than four women on a regional basis to the House in accordance with the provisions of section 95(3). (Sec. 86)

National level

English

(1) The Senate shall consist of not more than thirty-one members (in this Constitution referred to as “Senators”) who shall be elected or appointed in accordance with this section.
(2) Ten Senators, at least half of whom shall be female, shall be elected by the members of the House in such manner as may be prescribed by or under any law at their first meeting so as to represent a cross−section of the Swazi society.
(3) Twenty Senators, at least eight of whom shall be female, shall be appointed by the King acting in his discretion after consultation with such bodies as the King may deem appropriate.
(4) The Senators appointed in terms of subsection (3) shall be persons who, in the opinion of the King –
(a) are able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalized interests not already adequately represented in Parliament; or
(b) are by reason of their particular merit, able to contribute substantially to the good government and progressive development of Swaziland. (Sec. 94)

National level

English

(1) Subject to the provisions of this Constitution, the House of Assembly shall consist of not more than seventy-six members composed as follows –
(a) not more than sixty members elected from tinkhundla areas serving as constituencies;
(b) not more than ten members nominated by the King acting in his discretion after consultation with such bodies as the King may deem appropriate;
(c) four female members specially elected from the four Regions subject to subsection (3);
(d) the Attorney-General who shall be an ex officio member.
(2) The nominated members of the House shall be appointed by the King −
(a) so that at least half of them are female; and
(b) so as to represent interests, including marginalized groups, not already adequately represented in the House.
(3) The members elected on a regional basis, under subsection (1)(c), shall continue to be so elected, whenever the provisions of section 86 (1) are true, in terms of the following paragraphs −
(a) at the instance of the Chairman of the Elections and Boundaries Commission, the elected members from each Region shall on their first meeting nominate not less than three and not more than five women from each Region qualified to be members of Parliament;
(b) the list of nominated candidates shall be published in at least two local newspapers and the electronic media on at least three consecutive days; and
(c) after ten days from the date of last publication the House shall meet to vote for one woman from each of the Regions, taking into consideration any relevant in-put in terms of paragraph (b). (Sec. 95)4

Electoral Bodies

English

(1) There shall be an independent authority styled the Elections and Boundaries Commission (“the Commission”) for Swaziland consisting of a chairperson, deputy chairperson and three other members.

(7) The functions of the Commission shall be to –
(a) oversee and supervise the registration of voters and ensure fair and free elections at primary, secondary or other level;
(b) facilitate civic or voter education as may be necessary in between elections;
(c) review and determine the boundaries of tinkhundla areas for purposes of elections;
(d) perform such other functions in connection with elections or boundaries as may be prescribed;
(e) produce periodic reports in respect of work done.
… (Sec. 90)

Head of State

English

(1) Without prejudice to the provisions of section 228, King and iNgwenyama of Swaziland is an hereditary Head of State and shall have such official name as shall be designated on the occasion of his accession to the Throne.
… (Sec. 4)

Head of State

English

(1) Succession to the office of King and iNgwenyama is hereditary and governed by this Constitution and Swazi law and custom.
(2) Where the office of King and iNgwenyama becomes vacant the successor to the Throne shall be determined and declared in accordance with Swazi law and custom. (Sec. 5)

Head of State

English

(1) Without prejudice to the provisions of section 229, the Ndlovukazi is traditionally the mother of the King and iNgwenyama and is appointed in accordance with Swazi law and custom.
(2) Until the King and iNgwenyama has been installed, that is to say, until he has publicly assumed the functions and responsibilities of the King and iNgwenyama in accordance with this Constitution and Swazi law and custom, or during any period when he is by reason of absence from Swaziland or any other cause unable to perform the functions of his office, those functions shall be performed, save as otherwise provided in this Constitution, by the Ndlovukazi acting as Queen Regent.
… (Sec. 7)

Government

English

(3) Subject to the provisions of this Constitution, the King may exercise the executive authority either directly or through the Cabinet or a Minister.
… (Sec. 64)

Government

English

(1) There shall be a Cabinet which shall consist of the Prime Minister, Deputy Prime Minister and such number of Ministers as the King, after consultations with the Prime Minister, may deem necessary for the purpose of administering and executing the functions of the Government.
(2) The Prime Minister shall be the chairman of the Cabinet and leader of Government business in Parliament. (Sec. 66)

Government

English

(1) The King shall appoint the Prime Minister from among members of the House acting on recommendation of the King’s Advisory Council.
(2) The King shall appoint Ministers from both chambers of Parliament on the recommendation of the Prime Minister.
(3) At least half the number of Ministers shall be appointed from among the elected members of the House. (Sec. 67)

Legislature

English

(2) Without derogating from the generality of the foregoing subsection, the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

Legislature

English

(1) Where at the first meeting of the House after any general election it appears that female members of Parliament will not constitute at least thirty percentum of the total membership of Parliament, then, and only then, the provisions of this section shall apply.
(2) For the purposes of this section, the House shall form itself into an electoral college and elect not more than four women on a regional basis to the House in accordance with the provisions of section 95(3). (Sec. 86)

Legislature

English

(1) The election of persons to any chamber of Parliament or Bucopho shall be by secret ballot at both primary and secondary levels or any other level in accordance with the first-past-the-post system in which the person receiving the highest number of votes is elected.
… (Sec. 87)

Legislature

English

The Parliament of Swaziland shall consist of a Senate and a House of Assembly. (Sec. 93)

Legislature

English

(1) The Senate shall consist of not more than thirty-one members (in this Constitution referred to as “Senators”) who shall be elected or appointed in accordance with this section.
(2) Ten Senators, at least half of whom shall be female, shall be elected by the members of the House in such manner as may be prescribed by or under any law at their first meeting so as to represent a cross−section of the Swazi society.
(3) Twenty Senators, at least eight of whom shall be female, shall be appointed by the King acting in his discretion after consultation with such bodies as the King may deem appropriate.
(4) The Senators appointed in terms of subsection (3) shall be persons who, in the opinion of the King –
(a) are able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalized interests not already adequately represented in Parliament; or
(b) are by reason of their particular merit, able to contribute substantially to the good government and progressive development of Swaziland. (Sec. 94)

Legislature

English

(1) Subject to the provisions of this Constitution, the House of Assembly shall consist of not more than seventy-six members composed as follows –
(a) not more than sixty members elected from tinkhundla areas serving as constituencies;
(b) not more than ten members nominated by the King acting in his discretion after consultation with such bodies as the King may deem appropriate;
(c) four female members specially elected from the four Regions subject to subsection (3);
(d) the Attorney-General who shall be an ex officio member.
(2) The nominated members of the House shall be appointed by the King −
(a) so that at least half of them are female; and
(b) so as to represent interests, including marginalized groups, not already adequately represented in the House.
(3) The members elected on a regional basis, under subsection (1)(c), shall continue to be so elected, whenever the provisions of section 86 (1) are true, in terms of the following paragraphs −
(a) at the instance of the Chairman of the Elections and Boundaries Commission, the elected members from each Region shall on their first meeting nominate not less than three and not more than five women from each Region qualified to be members of Parliament;
(b) the list of nominated candidates shall be published in at least two local newspapers and the electronic media on at least three consecutive days; and
(c) after ten days from the date of last publication the House shall meet to vote for one woman from each of the Regions, taking into consideration any relevant in-put in terms of paragraph (b). (Sec. 95)5

Legislature

English

Subject to the provisions of this Constitution, a person qualifies to be appointed, elected or nominated, as the case may be, as a Senator or a member of the House if that person –
(a) is a citizen of Swaziland;
(b) has attained the age of eighteen years and is a registered voter;
(c) has paid all taxes or made arrangements satisfactory to the Commissioner of Taxes; and
(d) is registered as a voter in the inkhundla in which that person is a candidate (in the case of elected members). (Sec. 96)

Property, Inheritance and Land Tenure

English

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –

(c) protection of the privacy of the home and other property rights of the individual;
… (Sec. 14)

Property, Inheritance and Land Tenure

English

(1) A person has a right to own property either alone or in association with others.
… (Sec. 19)

Property, Inheritance and Land Tenure

English

(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)

Property, Inheritance and Land Tenure

English

(2) Save as may be required by the exigencies of any particular situation, a citizen of Swaziland, without regard to gender, shall have equal access to land for normal domestic purposes.
… (Sec. 211)

Protection from Violence

English

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –

(e) protection from inhuman or degrading treatment, slavery and forced labour, arbitrary search and entry;
… (Sec. 14)

Protection from Violence

English

(1) A person shall not be held in slavery or servitude.
(2) A person shall not be required to perform forced labour.
… (Sec. 17)

Protection from Violence

English

(1) The dignity of every person is inviolable.
(2) A person shall not be subjected to torture or to inhuman or degrading treatment or punishment. (Sec. 18)

Protection from Violence

English

(2) A child shall not be subjected to abuse or torture or other cruel inhuman and degrading treatment or punishment subject to lawful and moderate chastisement for purposes of correction.

(7) Parliament shall enact laws necessary to ensure that ¬–

(d) children receive special protection against exposure to physical and moral hazards within and outside the family. (Sec. 29)

Protection from Violence

English

Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms ­
(a) life, equality before the law and security of person;

(c) freedom from slavery or servitude;

(e) freedom from torture, cruel, inhuman or degrading treatment or punishment. (Sec. 38)

Public Institutions and Services

English

(3) The family is the natural and fundamental unit of society and is entitled to protection by the State.
(4) Motherhood and childhood are entitled to special care and assistance by society and the State.
(5) Society and the State have the duty to preserve and sustain the harmonious development, cohesion and respect for the family and family values.
(6) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of the needy and the elderly. (Sec. 27)

Public Institutions and Services

English

(2) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.
… (Sec. 28)

Public Institutions and Services

English

(5) The State shall make reasonable provision for the welfare and maintenance of the aged and shall protect the family and recognise the significant role of the family in society.

(8) Without compromising quality the State shall promote free and compulsory basic education for all and shall take all practical measures to ensure the provision of basic health care services to the population.
… (Sec. 60)

Public Institutions and Services

English

(1) The law to be applied with respect to any pensions benefits that were granted to any person at the date of the commencement of this Constitution shall be the law that is in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

(7) In this section ―pensions benefits‖ means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependants or personal representatives of those persons in respect of that service.
… (Sec. 195)

Public Institutions and Services

English

(1) Where under any law any person or authority has a discretion –
(a) to decide whether or not any pensions benefits shall be granted; or
(b) to withhold, reduce in amount or suspend any such benefits that have been granted,
those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold, reduce in amount or suspend those benefits.

(5) In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their services as public officers or for the widows, children, dependants or personal representatives of such persons in respect of such services.
… (Sec. 196)

Sexual and Reproductive Rights

English

(5) Abortion is unlawful but may be allowed -
(a) on medical or therapeutic grounds including where a doctor certifies that –
i. continued pregnancy will endanger the life or constitute a serious threat to the physical health of the woman;
ii. continued pregnancy will constitute a serious threat to the mental health of the woman;
iii. there is serious risk that the child will suffer from physical or mental defect of such a nature that the child will be irreparably seriously handicapped;
(b) where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a mentally retarded female; or
(c) on such other grounds as Parliament may prescribe. (Sec. 15)

Status of the Constitution

English

… Now, THEREFORE, WE, iNgwenyama–in-Council, acting together with and on the Approval of the Swazi Nation meeting as the Swazi National Council assembled at Ludzidzini this 4th day of October, 2004, hereby Accept the following Constitution as the Supreme Law of the Land. (Preamble)

Status of the Constitution

English

(1) This Constitution is the supreme law of Swaziland and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.
(2) The King and iNgwenyama and all the citizens of Swaziland have the right and duty at all times to uphold and defend this Constitution.
… (Sec. 2)

Status of the Constitution

English

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to -
(a) uphold and defend this Constitution and the law;
… (Sec. 63)

Status of the Constitution

English

(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.
... (Sec. 252)

Status of International Law

English

(4) Unless it is self-executing, an international agreement becomes law in Swaziland only when enacted into law by Parliament.
… (Sec. 238)

Status of International Law

English

Where Swaziland or the Government was a party immediately before the commencement of this Constitution to any treaty, agreement or convention, such treaty, agreement or convention shall not be affected by the commencement of this Constitution, and Swaziland or the Government as the case may be, shall continue to be party to it. (Sec. 279)

Customary Law

English

… Whereas it has become necessary to review the various constitutional documents, decrees, laws, customs and practices so as to promote good governance, the rule of law, respect for our institutions and the progressive development of the Swazi society;
Whereas it is necessary to blend the good institutions of traditional Law and custom with those of an open and democratic society so as to promote transparency and the social, economic and cultural development of our Nation; … (Preamble)

Customary Law

English

(3) A woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed. (Sec. 28)

Customary Law

English

(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)

Customary Law

English

(10) The State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole.
… (Sec. 60)

Customary Law

English

(1) A bill (including any amendment to a bill) which, in the opinion of the presiding officer would affect or alter any matter regulated in terms of this section shall only be introduced in the Senate.
(2) Where a bill, in terms of this section, is duly introduced the Senate shall not proceed to the Second Reading of that bill until
(a) a copy of that bill has been sent by the President to the Council of Chiefs, and
(b) a period of sixty days has elapsed since the copy was sent to the Council in terms of paragraph (a).
(3) Subject to the provisions of subsection (4), where a bill affecting or altering any of the matters referred to in this section has been introduced in and passed by the Senate and has been sent to the House at least sixty days before the end of the session but has not within that period been passed by both Chambers, the bill shall be referred to a joint sitting of the Senate and the House in accordance with the provisions of the First Schedule.
(4) A bill having been duly introduced in and passed by the Senate shall not be referred to a joint sitting in terms of subsection (3) where the bill
(a) has been sent to the House at least sixty days before the end of the session, and
(b) has not been considered by the House within sixty days after the bill is so sent, but shall, unless the Senate otherwise agrees, be presented to the King for assent.
(5) A bill shall not be presented to the King for assent in terms of subsection (4) unless the Senate so resolves by two-thirds majority of all the Senators.
(6) The provisions of this section apply to a bill which, in the opinion of the presiding officer would, if enacted, alter or affect
(a) the status, powers or privileges, designation or recognition of the Ngwenyama, Ndlovukazi or Umntfwanenkhosi Lomkhulu;
(b) the designation, recognition, removal, powers, of chief or other traditional authority;
(c) the organisation, powers or administration of Swazi (customary) courts or chiefs’ courts;
(d) Swazi law and custom, or the ascertainment or recording of Swazi law and custom;
(e) Swazi nation land; or
(f) Incwala, Umhlanga (Reed Dance), Libutfo (Regimental system) or similar cultural activity or organisation.
(7) Subject to the provisions of this section, the matters listed under subsection (6) shall continue to be regulated by Swazi law and custom. (Sec. 115)

Customary Law

English

(8) Notwithstanding subsection (1), the High Court has no original or appellate jurisdiction in matters relating to the office of iNgwenyama; the office of iNdlovukazi (the Queen Mother); the authorisation of a person to perform the functions of Regent in terms of section 8; the appointment, revocation and suspension of a Chief; the composition of the Swazi National Council, the appointment and revocation of appointment of the Council and the procedure of the Council; and the Libutfo (regimental) system, which matters shall continue to be governed by Swazi law and Custom. (Sec. 151)

Customary Law

English

(1) The Swazi traditional government is administered according to Swazi law and custom and the traditional institutions that are pillars of the monarchy as set out in subsection (2).
(2) The following Swazi traditional institutions are hereby guaranteed and protected -
(a) iNgwenyama;
(b) iNdlovukazi;
(c) Ligunqa (Princes of the Realm);
(d) Liqoqo;
(e) Sibaya;
(f) (Tikhulu) Chiefs;
(g) Umntfwanenkhosi Lomkhulu (Senior Prince);
(h) Tindvuna (Royal Governors). (Sec. 227)

Customary Law

English

(1) INgwenyama is the traditional head of the Swazi State and is chosen by virtue of the rank and character of his mother in accordance with Swazi law and custom.
(2) INgwenyama enjoys the same legal protection and immunity from legal suit or process as the King.
(3) Subject to an elaborate system of advisory councils, the functions of iNgwenyama under this chapter shall be regulated by Swazi law and custom. (Sec. 228)

Customary Law

English

(1) The Ndlovukazi (Queen Mother) is traditionally the mother of the iNgwenyama and the symbolic Grandmother of the Nation.
(2) The Ndlovukazi is selected and appointed in accordance with Swazi law and custom.
(3) The official residence of the Ndlovukazi is the legislative and ceremonial capital of the nation and the arena of the Incwala and Umhlanga.
(4) The Ndlovukazi has such powers and performs such functions as Swazi law and custom assigns to her.
(5) Without derogating from the generality of subsection (4) the Ndlovukazi exercises a moderating advisory role on iNgwenyama.
… (Sec. 229)

Customary Law

English

(1) Chiefs are the footstool of iNgwenyama and iNgwenyama rules through the Chiefs.
(2) The iNgwenyama may appoint any person to be chief over any area.
(3) The general rule is that every umphakatsi (Chief’s residence) is headed by a Chief who is appointed by iNgwenyama after the Chief has been selected by the lusendvo (family council) and shall vacate office in like manner.
(4) The position of a Chief as a local head of one or more areas is usually hereditary and is regulated by Swazi law and custom.
(5) Unless the situation otherwise requires, a chief shall assume office at the age of eighteen years or so soon thereafter as the period of mourning comes to an end.
(6) A Chief, as a symbol of unity and a father of the community, does not take part in partisan politics.
(7) A Chief may be appointed to any public office for which the Chief may be otherwise qualified.
(8) The powers and functions of chiefs are in accordance with Swazi law and custom or conferred by Parliament or iNgwenyama from time to time.
(9) In the exercise of the functions and duties of his office a Chief enforces a custom, tradition, practice or usage which is just and not discriminatory. (Sec. 233)

Customary Law

English

(1) There shall be a Council of Chiefs which shall be composed of twelve Chiefs drawn from the four regions of the Kingdom appointed by the iNgwenyama on a rotational basis.
(2) There shall be a Chairman of the Council who shall be appointed by the iNgwenyama and a secretary whose office shall be a public office.
(3) The Council of Chiefs shall be responsible for, among other things­
(a) advising the King on customary issues and any matter relating to or affecting chieftaincy including chieftaincy disputes;
(b) performing the function in terms of section 115; and
(c) performing such other functions as may be assigned by this Constitution or any other law.
… (Sec. 251)

Customary Law

English

(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. (Sec. 252)

Women’s Rights

English

(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
(2) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.
(3) A woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed. (Sec. 28)

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Links to all sites last visited 2 March 2016

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Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.

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Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.

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“Subject to the provisions of this Constitution − (a) each chamber of Parliament may make Standing Orders with respect to … (vii) the nomination or election of women in the House under section 95;” (Sec. 121)

5

“Subject to the provisions of this Constitution − (a) each chamber of Parliament may make Standing Orders with respect to … (vii) the nomination or election of women in the House under section 95;” (Sec. 121)