Constitution

Eswatini 2005 Constitution

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CHAPTER XVII. AMENDMENT OF THE CONSTITUTION

245. Mode of Amendment

  1. Subject to the provisions of this chapter, Parliament may amend any provision of this Constitution by the introduction of a bill expressly providing that the Constitution shall be amended as proposed in that bill.
  2. A bill to amend this Constitution shall only be introduced at a joint sitting of the Senate and the House summoned for the purpose in accordance with the provisions of the First Schedule.
  3. A bill under subsection (2) shall not be so introduced unless that bill has been published in the Gazette not less than thirty days before the introduction at the joint sitting.
  4. After the bill has been introduced in the joint sitting, no further proceedings shall be taken on the bill in Parliament until the prescribed period has elapsed.
  5. If, after the prescribed period the bill is passed at the joint sitting and or at a referendum with the requisite majority, the bill shall be submitted to the King for assent.

246. Amendment of specially entrenched provisions

  1. Where a bill in terms of this Chapter contains provision for amending any of the specially entrenched provisions of this Constitution as set out in sub-section (2), the bill shall not be passed at the joint sitting unless it is supported on its final reading by the votes of not less than three-quarters of all the members of the two chambers.
  2. The specially entrenched provisions are as follows –
    1. The Kingdom and its Constitution: section 2;
    2. Monarchy: section 4, 5, 7(2), 7(3), 8(2), 9, 10, 11;
    3. Protection and Promotion of Fundamental Rights and Freedoms Chapter III
    4. The Executive: section 64, 65, 66(1), 69(1), 69(2);
    5. The Legislature: section 79, 84, 93, 106, 108, 115, 119(1), 134;
    6. The Judicature: section 138, 139, 140, 141, 146, 151, 153(1) 155, 158, 159 except 159(5);
    7. Director of Public Prosecutions and the Commission on Human Rights: section 162(1), 162(4), 162(6);
    8. Public Finance: section 207(1);
    9. Land, Minerals, etc: section 210(1), 211(1), 213;
    10. Traditional Institutions: section 227, 228, 229; 230; 231;
    11. Amendment of the Constitution: Chapter XVII;
    12. Miscellaneous: Chapter XVIII in its application to any of the provisions referred to in this section except section 251;
    13. The First Schedule in its application to any of the provisions referred to in this section.
  3. Where a bill in terms of this section has been duly passed at a joint sitting that bill shall not be presented to the King for assent unless it is approved by a simple majority of all votes validly cast at a referendum in such manner as may be prescribed, at which every person who at the time of the referendum is registered as a voter for purposes of the elected members of the House shall be entitled to vote.

247. Amendment of the entrenched provisions

  1. Where a bill in terms of this chapter contains provision for amending any of the entrenched provisions of this Constitution (as set out in subsection (2)), the bill shall not be passed at the joint sitting unless it is supported on its final reading by the votes of at least two-thirds of all the members of the two chambers.
  2. The entrenched provisions are as follows –
    1. Monarchy: section 12, 13;
    2. The Executive: section 67, 68(2), 68(4), 68(7), 70, 77(1), 77(2), 77(8), 77(9);
    3. The Legislature: section 85(1), 87(1), 87(2), 90, 105, 107, 111, 112, 115, 116, 117, 130, 131(1), 131(2), 133(1), 133(4), 135, 136;
    4. The Judicature: section 142, 145, 147, 148, 149, 150, 154, 156, 157, 159(5), 160;
    5. Director of Public Prosecutions and the Commission on Human Rights and Administration of Justice, section 162(2), 162(3), 162(5), 162(7), 163; 164, 166, 170;
    6. The Public Service: section 173, 175, 176, 177, 178, 179, 181, 182, 187, 188, 189, 190, 191, 192, Part 3;
    7. Public Finance: Chapter XI except section 207(1);
    8. Land, Minerals, etc: section 212(1), 212(7), 214(1), 214(6), 215;
    9. Local Government: section 218;
    10. Traditional Institutions: Chapter XIV except sections 227, 228 and 229;
    11. International Relations: section 236, 238;
    12. Leadership Code of Conduct: section 240, 241(1), 242, 243;
    13. Miscellaneous: Chapter XVIII in its application to any of the provisions referred to in this section;
    14. The First Schedule in its application to any of the provisions referred to in this section.

248. Certificate of compliance

  1. A bill passed as provided under this chapter shall not be presented to the King for assent unless that bill is accompanied by a certificate under the hand of the President of Senate and the Speaker of the House of Assembly that the provision of sections 245, 246 and 247(1) have been complied with.
  2. Where the bill in terms of section 246 was approved at a referendum that bill shall also be accompanied by the certificate of the officer in charge of that referendum when presented for assent.

249. Lapsing of a bill

  1. A bill to amend this Constitution shall lapse –
    1. if that bill is not submitted for assent at the date of the conclusion of the next session of Parliament after the session in which it is introduced;
    2. if on any reading of the bill in a joint sitting that bill is not passed; or
    3. if, having been submitted to a referendum in accordance with section 246(3), that bill is not approved in the manner provided by that subsection.

250. Interpretation

In this chapter –

  1. references to any of the provisions of this Constitution include references to any law that amends, alters or replaces that provision;
  2. references to the amendment of this Constitution or, as the case may be, to amending any provision of this Constitution include references –
    1. to revoking that provision with or without re-enactment or the making of different provision in place of that other provision;
    2. to modifying that provision, whether by omitting or amending any of its provisions or inserting additional provisions in that provision or otherwise;
    3. to suspending the operation of that provision for any period or terminating that suspension, and
  3. “prescribed period” in relation to any bill containing provisions to alter any provision of this Constitution means a period of ninety days commencing from the introduction of the bill in a joint sitting.

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