Eswatini

(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter¹⁰ are hereby declared and guaranteed, namely –
…
(b) freedom of conscience, of expression and of peaceful assembly and association and of movement;
… (Sec. 14)

(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)

(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)

(1) Subject to the provisions of this Constitution, the people of Eswatini have a right to be heard through and represented by their own freely chosen representatives in the government of the country.(2) Without derogating from the generality of the foregoing subsection, the women of Eswatini and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)

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

(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 Eswatini.… (Sec. 88)

(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)

(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 Eswatini 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 Eswatini. (Sec. 94)

(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)¹¹

(1) There shall be an independent authority styled the Elections and Boundaries Commission (“the Commission”) for Eswatini 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)

(1) Without prejudice to the provisions of section 228, King and iNgwenyama of Eswatini 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)

(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)

(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 Eswatini 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 Eswatini law and custom, or during any period when he is by reason of absence from Eswatini 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)

(1) The executive authority of Eswatini vests in the King as Head of State and shall be exercised in accordance with the provisions of this Constitution.(2) The King shall protect and defend this Constitution and all laws made under or continued in force by this Constitution.(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)

…
(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)

(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)

(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)

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

(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)

(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)

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

(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 Eswatini. (Sec. 94)

(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)¹²

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 Eswatini;(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)