THE CONSTITUTION OF SWAZILAND
1968 No. 1377
THE SWAZILAND INDEPENDENCE ORDER, 1968
Made 26th August 1968
Laid before Parliament 30th August 1968
Coming into Operation Immediately before 6th September 1968
At the Court at Balmoral, the 26th day of August 1968
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:—
Explanatory Notes on the constitution of the Constitution.
1. The Constitution of ...view middle of the document...
4. The persistent question is the fact that the Constitution of Swaziland Act, No. 50 of 1968 was first repealed in toto in section 3A and secondly certain sections, Parts and Chapters were brought back into force by Decrees numbers 3, 5, 6, 7, 8, and 10 of the same Proclamation. To repeat, the important question is where were they to be attached to. Nowhere in the King’s Proclamation does it say they are forming part or being incorporated into the King’s Proclamation. As pointed out above, the words “should be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this and ensuing decrees” suggest strongly or appeal favourably to the notion that the King’s Proclamation to the Nation is —
(a) a distinct and separate entity from the Constitution of Swaziland Act;
(b) a declaratory (and directional) legislation;
(c) a Supreme legislation (because it says so — though in truth the supremacy of a legislation must deduce from its deeds and not from its own mouth alone. The other Proclamation known as the King’s Proclamation No. 1 of 1981 claims, without legislative interpretation, to be Supreme law, too).
(d) an integral part of the repealed and re-instated Constitution of Swaziland Act, 1968.
5. It is important to reach a conclusion as to the status of these two legislations, that is, the Proclamation and the Constitution. The significance lies to the effect of the subsequent various laws, that is Decrees and other amendments that were promulgated soon after the 12th April, 1973. Most of the Decrees are amending legislation. The significance of the knowledge of the difference, helps to know whether an Amendment Decree ought to be effected onto the King’s Proclamation to the Nation or to the Constitution of Swaziland Act or to both.
6. A number of sections from the King’s Proclamation to the Nation may, to some extent, help as a guide to provide directions. This may not be conclusive. The appropriate body to do a proper exercise on this would be a Law Reform
Commission or the Ministry of Justice and Constitutional Development by way of legislative amendments, to carry out corrections by way of amendments to what may be perceived as inconsistencies. What follows are some of the laws in point for consideration and which may provide an acceptable but probably not the best way forward.