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ABOUT 106 RESULTS
Legislature
Eswatini
- 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)12
Legislature
Eswatini
- 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 Eswatini. (Sec. 94)
Legislature
Eswatini
- EnglishThe Parliament of Eswatini shall consist of a Senate and a House of Assembly. (Sec. 93)
Legislature
Eswatini
- 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)
Customary Law
Eswatini
- 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
Eswatini
- 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
Eswatini
- 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
Eswatini
- 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
Eswatini
- 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
Eswatini
- 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 chapter15 shall be regulated by Swazi law and custom. (Sec. 228)