Eswatini 2005 Constitution

CHAPTER XIX. TRANSITIONAL PROVISIONS

262. Existing Government

Notwithstanding anything in this Constitution, the Government existing immediately before the coming into force of this Constitution shall continue in office and, as far as possible, exercise its powers and functions in such a manner and with such modifications as are necessary to bring them into conformity with the provisions of this Constitution.

263. Existing Parliament

Notwithstanding anything in this Constitution, the Parliament existing immediately before the coming into force of this Constitution shall continue in office and, as far as possible, exercise its powers and functions in such a manner and with such modifications as are necessary to bring them into conformity with the provisions of this Constitution.

264. Existing Courts of Judicature

The Court of Appeal and the High Court, in existence immediately before the commencement of this Constitution shall be deemed, subject to such modifications as may be necessary, to have been established under this Constitution and shall perform the functions of the Supreme Court and the High court specified in Chapter VIII of this Constitution.

265. Continuation of appointment of justices of superior courts

1. A Justice of the superior courts holding office immediately before the commencement of this Constitution shall continue to hold office as if appointed to that office under this Constitution.
2. Any person to whom this section applies shall on the commencement of this Constitution be deemed to have taken and subscribed the oath of allegiance and the judicial oath as prescribed by this Constitution.

266. Existing offices

1. A person who immediately before the commencement of this Constitution held or was acting in any office established by or by virtue of the constitution then in force, so far as is consistent with the provisions of this Constitution, shall be deemed to have been appointed as from the commencement of this Constitution, to hold or to act in the equivalent office under this Constitution.
2. A person who before the commencement of this Constitution would have been required under the law in force to vacate that office at the expiration of a period of service shall, notwithstanding the provisions of subsection (1), vacate that office at the expiration of that period.
3. The provisions of this section shall not prejudice any powers conferred by or under this Constitution or any other law or any person or authority to make provision for the abolition of office, or for the removal from office of persons holding or acting in any office and for requiring persons to retire from office.
4. In determining, for the purposes of any law relating to retiring benefits or otherwise to length of service, the length of service of a public officer to whom the provisions of subsection (1) and (2) apply, service as a public officer under the Government which terminates immediately before the commencement of this Constitution shall be deemed to be continuous with service as a public officer which begins immediately at such commencement.
5. Except as otherwise provided in this Constitution, the terms and conditions of service of a person to whom this section applies, shall not be less favourable than those applicable to that person immediately before the commencement of this Constitution.
6. For the avoidance of doubt, it is declared that any office established before the commencement of this Constitution which is inconsistent with any provision of this Constitution is, on the commencement of this Constitution, abolished.

267. Appointment to certain offices

The first appointments to the following offices shall be made within six months after the commencement of this Constitution –

1. the chairmen and other members of –
   1. the Citizenship Board;
   2. the Judicial Service Commission;
   3. the various Service Commissions;
   4. the Land Management Board;
   5. the Mineral Management Board;
   6. Parliamentary Service Board,
2. the chairman and members of the Council of Chiefs.

268. Existing law

1. The existing law, after the commencement of this Constitution, shall as far as possible be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution.
2. For the purposes of this section, the expression “existing law” means the written and unwritten law including customary law of Swaziland as existing immediately before the commencement of this Constitution, including any Act of Parliament or subordinate legislation enacted or made before that date which is to come into force on or after that date.

269. Enactments not yet in force

Where immediately before the commencement of this Constitution any existing law that had not been brought into force or was to come into force on a date subsequent to the commencement of this Constitution, that law may be brought into force in accordance with its terms or shall come into force on such subsequent date as the case may be.

270. Existing commissions and committees of inquiry

1. Notwithstanding anything in this Constitution to the contrary any commission or committee of inquiry in existence immediately before the commencement of this Constitution, may continue in existence until the submission of its report or until it is otherwise dissolved in accordance with law.
2. For the avoidance of doubt, the report and findings of a commission or committee of inquiry established before the commencement of this Constitution under any enactment shall have the same effect as the report or finding of a commission of inquiry established under this Constitution.

271. Pending matters

1. Where any matter or thing has been commenced before the commencement of this Constitution by a person or authority that has power for the purpose under the existing law, that matter or thing may be carried on and completed by the person or authority having power for the purpose after the commencement of this Constitution, and it shall not be necessary for the person or authority to commence the matter or thing afresh.
2. This section shall have effect subject to the provisions of this Constitution and to any law made by Parliament.

272. Oaths deemed to have been taken

Notwithstanding any provisions of this Constitution, any person who immediately before the commencement of this Constitution held or was acting in any office established under or by virtue of the constitution then in force and who holds or is acting in an equivalent office under this Constitution, shall be deemed to have taken and subscribed any necessary oath under this Constitution, in accordance with this Constitution.

273. Proceedings pending before courts

Legal proceedings, including civil proceedings against the Government, pending before any court immediately before the commencement of this Constitution may be proceeded with and completed.

274. Official seals, etc

The public seal, the seals of the superior courts as well as any prescribed forms in use under any enactment in force immediately before the commencement of this Constitution shall continue to be used until provision is otherwise made for them.

275. Prerogative of mercy

The prerogative of mercy of the King under section 78 may be exercised in respect of any criminal offence committed before the commencement of this Constitution as it may in respect of a criminal offence committed after the commencement of this Constitution.

276. Devolution of rights and liabilities

Subject to the provisions of section 274 –

1. any right, prerogative, privilege or function which under the existing law vested in the king shall vest in the king or other person or authority as is specified under this Constitution;
2. any right, privilege, obligation, liability, or function vested in or subsisting against the Government by or under an existing law shall continue to so vest or subsist.

277. Succession to property

1. Subject to the provisions of Chapter XII, all properties and all assets which immediately before the commencement of this Constitution were vested in any authority or person for the purposes of, or in the right of the Government or in the Government shall, on the commencement of this Constitution, vest in the Government.
2. Any property which was liable, immediately before the commencement of this Constitution, to estreat or to be forfeited to the Government shall be liable to estreat or to be forfeited to the Government under this Constitution.

278. Succession to contracts

Where there is subsisting immediately before the commencement of this Constitution, a contract which has been entered into by or on behalf of Government, then on and after the commencement of this Constitution, all rights, liabilities and obligations of the Government under the contract shall be vested in or, as the case may be, subsist against the Government, and the contract shall otherwise continue to be of full force and effect.

279. International agreements etc

Where Swaziland or the Government was a party immediately before the commencement of this Constitution to any treaty, agreement or convention, such treaty, agreement or convention shall not be affected by the commencement of this Constitution, and Swaziland or the Government as the case may be, shall continue to be party to it.