Swaziland Independence Order 1968

JurisdictionUK Non-devolved
CitationSI 1968/1377

1968 No. 1377

AFRICA

The Swaziland Independence Order 1968

26thAugust 1968

30thAugust 1968

Immediately before 6thSeptember 1968

At the Court at Balmoral, the 26th day of August 1968

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act 1890(a) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and commencement.

1.—(1) This Order may be cited as the Swaziland Independence Order 1968.

(2) This Order shall come into operation immediately before 6th September 1968:

Provided that the King may at any time after 30th August 1968 exercise any of the powers conferred upon him by section 5(3) of this Order or section 58 of the Constitution to such extent as may be necessary or expedient to enable the Constitution to function from 6th September 1968.

Interpretation.

2.—(1) In this Order—

"the Constitution" means the Constitution of the Kingdom of Swaziland set out in the Schedule to this Order;

"the existing House of Assembly" means the House of Assembly established by the existing Orders;

"the existing laws" means any Acts of the Parliament of the United Kingdom, Orders of Her Majesty in Council, any Acts of the Parliament of Swaziland, proclamations, rules, regulations, orders or other instruments having effect as part of the law of Swaziland at the commencement of this Order but does not include any Order revoked by this Order;

"the existing Orders" means the Orders revoked by section 3(1) of this Order;

"the existing Senate" means the Senate established by the existing Orders.

(2) The provisions of sections 137 to 144 of the Constitution shall apply for the purpose of interpreting sections 1 to 19 of this Order

(a) 1890 c. 37.

and otherwise in relation thereto as they apply for the purpose of interpreting and in relation to the Constitution.

Revocations.

3.—(1) The Swaziland Constitution Order 1967(a), the Swaziland Constitution (Amendment) Order 1967(b) and the Swaziland Constitution (Amendment) Order 1968(c) are revoked with effect from the commencement of this Order.

(2) The Emergency Powers Order in Council 1939(d) and the United Kingdom Forces (Jurisdiction of Colonial Courts) Order 1965(e) and any Order in Council amending those Orders shall cease to have effect as part of the law of Swaziland at the commencement of this Order.

(3) The Swaziland (Appeals to Privy Council) Order 1967(f) is revoked with effect from the commencement of this Order.

Establishment of Constitution.

4. Subject to the provisions of this Order, the Constitution shall come into effect in Swaziland at the commencement of this Order.

Existing laws.

5.—(1) The revocation of the existing Orders shall be without prejudice to the continued operation of any existing laws made, or having effect as if they had been made, under any of those Orders; and any such laws shall have effect on and after the commencement of this Order as if they had been made in pursuance of the Constitution and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Swaziland Independence Act 1968(g) and this Order.

(2) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Act of Parliament or by any authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for immediately before the commencement of this Order by or under the existing Orders, that prescription or provision shall, as from that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Swaziland Independence Act 1968 and this Order) as if it had been made under the Constitution by Act of Parliament or, as the case may require, by the authority or person.

(3) The King may, by order published in the Gazette, at any time before 6th March 1969 make such amendments to any existing law (other than the Swaziland Independence Act 1968 or this Order) as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Order or otherwise for giving effect or enabling effect to be given to those provisions.

(4) An order made under subsection (3) of this section may provide that any grant, lease or other disposition of minerals and mineral oils subsisting on 5th September 1968 shall be deemed, with effect from 6th September 1968, to include such provisions (being provisions which on 5th September 1968 attach to that grant, lease or disposition by virtue of any law) as may be specified in that order.

(a) S.I. 1967/241 (1967 I, p. 857).

(b) S.I. 1967/975 (1967 II, p. 2950).

(c) S.I. 1968/727 (1968 II, p. 2105).

(d) See S.I. 1952 I, at p. 621.

(e) S.I. 1965/1203 (1965 II, p. 3422).

(f) S.I. 1967/246 (1967 I, p. 944).

(g) 1968 c. 56.

(5) An order made under this section may be amended or revoked by Act of Parliament or, in relation to any existing law affected thereby, by any other authority having power to amend, repeal or revoke that existing law.

(6) The provisions of this section shall be without prejudice to any powers conferred by this Order or any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.

Existing offices.

6.—(1) The persons who immediately before the commencement of this Order hold office as Prime Minister or other Minister or Assistant Minister shall, as from the commencement of this Order, hold the like offices as if they had been appointed thereto in accordance with the provisions of the Constitution and shall be deemed to have taken and subscribed any necessary oath under the Constitution.

(2) Where any other office has been established by or under the existing Orders or any existing law and the Constitution establishes a similar or an equivalent office any person who, immediately before the commencement of this Order, holds or is acting in the former office shall, so far as is consistent with the provisions of the Constitution, be deemed, as from the commencement of this Order, to have been appointed to hold or to act in the latter office in accordance with the provisions of the Constitution and to have taken and subscribed any necessary oaths under the Constitution:

Provided that any person who under the existing Orders or any existing law would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office under the Constitution at the expiration of that period or upon the attainment of that age.

(3) The provisions of this section shall be without prejudice to any powers conferred by or under the Constitution upon any person or authority to make provision for the abolition of offices and the removal from office of persons holding or acting in any office.

Senate.

7.—(1) The persons who, immediately before the commencement of this Order, are members of the existing Senate having been elected as such by the existing House of Assembly shall be deemed, as from the commencement of this Order, to have been elected as Senators in pursuance of section 39 of the Constitution; and the persons who, immediately before the commencement of this Order, are members of the existing Senate having been appointed as such by the King shall be deemed, as from the commencement of this Order, to have been appointed as Senators in pursuance of section 38 of the Constitution; and those persons shall, subject to the provisions of subsection (3) of this section, hold their seats in the Senate in accordance with the Constitution.

(2) The persons who, immediately before the commencement of this Order, are Speaker and Deputy Speaker of the existing Senate shall be deemed, as from the commencement of this Order, to have been elected as President and Deputy President of the Senate, respectively, in pursuance of section 47 of the Constitution and shall hold their offices in accordance with the Constitution.

(3) Any person deemed by subsection (1) of this section to be a member of the Senate established by the Constitution who is not a citizen of Swaziland on 6th September 1968 shall not be required until 6th March 1969 to vacate his seat in the Senate on the grounds that he is not a citizen of Swaziland, but he shall vacate his seat on that date if he is not then such a citizen.

House of Assembly.

8.—(1) The persons who, immediately before the commencement of this Order, are elected members of the existing House of Assembly shall be deemed, as from the commencement of this Order, to have been elected as members of the House of Assembly in pursuance of section 41 of the Constitution; and the persons who, immediately before the commencement of this Order, are nominated members of the existing House of Assembly shall be deemed, as from the commencement of this Order, to have been nominated as members of the House of Assembly in pursuance of section 42 of the Constitution; and those persons shall, subject to the provisions of subsection (3) of this section, hold their seats in the House of Assembly in accordance with the Constitution.

(2) The persons who, immediately before the commencement of this Order, hold the offices of Speaker and Deputy Speaker of the existing House of Assembly shall be deemed, as from the commencement of this Order, to have been elected as Speaker and Deputy Speaker, respectively, in pursuance of section 48 of the Constitution and shall hold those offices in accordance with the Constitution.

(3) Any person deemed by subsection (1) of this section to be a member of the House of Assembly established by the Constitution who is not a citizen of Swaziland on 6th September...

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