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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
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Legislature
Eswatini
- EnglishSubject 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)
Legislature
Eswatini
- English…(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)
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)
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)
Customary Law
Eswatini
- 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
Eswatini
- 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
Eswatini
- English...(2) Subject to the provisions of this Constitution, the principles of Eswatini customary law (Eswatini Law and Custom) are hereby recognised and adopted and shall be applied and enforced as part of the law of Eswatini.(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)
Customary Law
Eswatini
- EnglishWe, the people of Eswatini, …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 Eswatini 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
Eswatini
- 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)