Swaziland Order in Council 1963
| Jurisdiction | UK Non-devolved |
| Citation | SI 2094/1963 |
1963 No. 2094
AFRICA
The Swaziland Order in Council 196320thDecember 1963
1stJanuary 1964
On days to be appointed under section 1(2).
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
Section
1. Citation, publication and commencement.
2. Interpretation.
3. Revocation.
PART II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
4. Fundamental rights and freedoms of the individual.
5. Protection of right to life.
6. Protection of right to personal liberty.
7. Protection from slavery and forced labour.
8. Protection from inhuman treatment.
9. Protection from deprivation of property.
10. Protection against arbitrary search or entry.
11. Provisions to secure protection of law.
12. Protection of freedom of conscience.
13. Protection of freedom of expression.
14. Protection of freedom of assembly and association.
15. Protection of freedom of movement.
16. Protection from discrimination on the grounds of race, etc.
17. Protection of persons detained under emergency laws.
18. Enforcement of protective provisions.
19. Interpretation of Part II and savings.
PART III
HER MAJESTY'S COMMISSIONER FOR SWAZILAND
20. Her Majesty's Commissioner for Swaziland.
21. Commissioner's powers and duties.
22. Publication of Commission and making of oaths.
23. Acting Commissioner.
24. Deputy to Commissioner.
PART IV
EXECUTIVE COUNCIL
25. Executive Council.
26. Ex officio members.
27. Appointed members.
28. Commissioner to consult Executive Council.
29. Commissioner may act against advice of Executive Council.
30. Vacation of seat of appointed member.
31. Temporary members of Executive Council.
32. Determination of questions as to membership.
33. Oath or affirmation by members of Executive Council.
34. Summoning of Executive Council.
35. Proceedings in Executive Council.
36. Submission of questions to Executive Council.
37. Assignment of departments.
38. Leave of absence.
PART V
LEGISLATIVE COUNCIL
39. Legislative Council.
40. The Speaker.
41. Acting Speaker.
42. Official members.
43. Elected members.
44. Nominated members.
45. Qualifications for elected membership.
46. Disqualifications for elected and nominated membership.
47. Vacation of seats of elected and nominated members.
48. Vacation of seat on sentence, etc.
49. Temporary members of Legislative Council.
50. Determination of questions as to membership.
51. Constituencies.
52. Qualifications of voters.
53. Disqualifications of voters.
54. Right to vote at elections.
55. Persons not to be treated as holding public offices.
56. Law as to elections.
PART VI
LEGISLATION AND PROCEDURE OF LEGISLATURE
57. Power to make laws.
58. Royal Instructions.
59. Standing Orders.
60. Privileges of Legislative Council and its members.
61. Oath or affirmation of allegiance.
62. Presiding in Legislative Council.
63. Quorum.
64. Legislative Council may transact business notwithstanding vacancies.
65. Voting.
66. High Commissioner and Commissioner may address Legislative Council.
67. Introduction of Bills, etc.
68. Commissioner's reserved power.
69. Assent to Bills.
70. Reservation of Bills.
71. Disallowance of laws.
72. Sessions.
73. Prorogation and dissolution.
74. General elections.
PART VII
POWERS AND PRIVILEGES OF THE NGWENYAMA
75. Ngwenyama's powers as respects Executive Council.
76. Ngwenyama's powers as respects Bills.
77. Ngwenyama's emoluments and Civil List.
78. Ngwenyama's privileges.
PART VIII
OFFICES AND THE PUBLIC SERVICE
79. Commissioner's powers.
80. Commissioner's powers to constitute and appoint to offices, etc.
81. Existing offices.
82. Public officers.
83. Public Service Commission.
84. Functions of Public Service Commission.
85. Regulations regarding Public Service Commission.
86. Interpretation of regulations and instructions under this Part.
PART IX
THE JUDICATURE
The High Court
87. High Court.
88. Appointment of judges.
89. Retirement and resignation of judges.
90. Removal of judges.
91. Acting Chief Justice.
92. Acting Puisne Judge.
93. Salaries, allowances and conditions of service of judges.
Jurisdiction of the High Court and subordinate courts
94. Jurisdiction of High Court.
95. Principles upon which jurisdiction of courts to be exercised.
96. Jurisdiction of judges who also hold judicial offices Basutoland and Bechuanaland Protectorate.
97. Application of certain enactments to Swaziland.
PART X
LAND AND MINERALS
98. Crown land.
99. Swazi areas.
100. Land settlement areas.
101. Rights in respect of Swazi nation land.
102. Minerals and mineral oils.
103. Exchanges of Swazi nation land and Crown land.
104. Acquisition of Swazi nation land for public purposes.
105. Commissioner may delegate certain powers.
PART XI
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
106. Public seal.
107. Commissioner's powers of pardon, etc.
108. Concurrent appointments.
109. Commissioner's powers: transitional.
110. Existing officers.
111. High Court proceedings.
112. Existing laws.
113. Power reserved to Her Majesty.
SCHEDULE 1
ORDERS IN COUNCIL REVOKED
SCHEDULE 2
FORMS OF OATHS AND AFFIRMATIONS
SCHEDULE 3
MATTERS WHICH SHALL CONTINUE TO BE REGULATED BY SWAZI LAW AND CUSTOM
SCHEDULE 4
MATTERS IN RESPECT OF WHICH CERTAIN JUDGES OF THE HIGH COURT SHALL HAVE SPECIAL JURISDICTION
At the Court at Buckingham Palace, the 20th day of December 1963
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 Jurisidiction 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:—
PART I
INTRODUCTORY
Citation, publication and commencement.
1.—(1) This Order may be cited as the Swaziland Order in Council 1963.
(a) 53 & 54 Vict. c. 37.
(2) This Order shall be published in the Gazette and, except for Part IV and sections 75 and 76, shall come into operation on such day (in this Order referred to as "the appointed day") as the Commissioner, in his discretion, by notice published in the Gazette shall appoint, which day shall not be earlier than the day when this Order is so published or than 2nd January 1964; and Part IV and sections 75 and 76 shall come into operation on such later day or days as the Commissioner, in his discretion, shall so appoint.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"the Commissioner" means Her Majesty's Commissioner for Swaziland;
"the Gazette" means the Swaziland Government Gazette;
"the High Commissioner" means the High Commissioner for Basutoland, the Bechuanaland Protectorate and Swaziland;
"meeting" means any sitting or sittings of the Legislative Council commencing when the Council first meets after being summoned at any time, and terminating when the Council is adjourned sine die, or at the conclusion of a session;
"the Ngwenyama" means the person appointed as Ngwenyama under Swazi law and custom;
"public office" means an office of emolument in the public service;
"public officer" means the holder of a public office or a person appointed to act in a public office;
"the public seal" means the public seal of Swaziland;
"the public service" means the service of the Crown in a civil capacity in respect of the government of Swaziland;
"session" means the sittings of the Legislative Council commencing when the Council first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the Council is prorogued or is dissolved without having been prorogued;
"sitting" means a period during which the Legislative Council is sitting continuously without adjournment, and includes any period during which the Council is in committee.
(2) In this Order, unless the context otherwise requires, a reference to the holder of an office by the term designating his office includes, to the extent of his authority, any person who is for the time being authorized to perform the functions of that office.
(3) For the purposes of this Order the resignation of a member of any body or a holder of any office that is required to be addressed to any person shall be deemed to have effect from the time at which it is received by that person.
(4) For the avoidance of doubt it is hereby declared that any person who has vacated his seat in any body, or has vacated any office, established by this Order may, if qualified, again be appointed or elected as a member of that body or to that office, as the case may be, from time to time.
(5) If for the purpose of resolving any doubt that may arise as to the qualifications of any person, in accordance with the provisions of this Order,—
(a) to be registered as a voter on the European roll or on the national roll, as the case may be; or
(b) to be elected an elected member of the Legislative Council,
a law for the time being in force in Swaziland includes definitions of "European" and "Eurafrican", those definitions shall have effect as if they were included in this Order.
(6) The Interpretation Act 1889(a) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.
Revocation.
3. The Orders in Council mentioned in Schedule 1 to this Order are revoked, without prejudice to anything lawfully done thereunder.
PART II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual.
4. Whereas every person in Swaziland is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c)...
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