Free Essay

Mine

In:

Submitted By Salaphi
Words 1219
Pages 5
THE CONSTITUTION OF SWAZILAND
STATUTORY INSTRUMENTS
1968 No. 1377
AFRICA
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
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:—

Explanatory Notes on the constitution of the Constitution. 1. The Constitution of Swaziland Act, No. 50 of 1968c came into force on the 12th September, 1968 and was abrogated on the12th April 1973 by a legislative instrument called the King’s Proclamation to the Nation, 1973. Section 3A of the Kings Proclamation to the Nation reads — “The Constitution of the Kingdom of Swaziland which commenced on the 6th September, 1968 is hereby repealed”. 2. The King’s Proclamation to the Nation contained thirteen (13) Decrees (confusingly sometimes referred to as “paragraphs”) and numbers 3, 4, 5, 6, 7, 8, and 10 declared or decreed that certain sections, Parts and Chapters of the “repealed Constitution” shall again apply, come into force, operate with full force and effect and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this and ensuing decrees.

(a) 1890 c. 37. 3. The lacking aspect in the legislative drafting of the King’s Proclamation to the Nation is the “directive” as to what was supposed to happen to the sections, Parts and Chapters resurrected or saved. Accepting that the Constitution of Swaziland Act of 1968 as a legal entity or better still as a statute book no longer existed and the King’s Proclamation did not say the saved sections, Parts and Chapters were being attached to the Proclamation or incorporated and forming part of it or were being resurrected or saved into the “empty box” of the repealed Constitution of Swaziland Act, the only indication is that wherever these were, should be read and construed with such modifications, adaptations,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 (meaning the Proclamation). 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. 7. Section 1 of the King’s Proclamation (Amendment) Act No. 10 of 1979 states — “This Act may be cited as the King’s Proclamation to the Nation (Amendment) Act, 1979 and shall be read as one with the Constitution as re-instated by Decree in the Kings Proclamation of the 12th April, 1973”. The name of this “Proclamation/Act”- The King’s Proclamation (Amendment) Act No. 10 of 1979 is a misnomer for two (2) reasons: (1) A Proclamation ranks as a Decree or is its equivalent if not one and the same thing. The additional word “Act” therefore causes confusion. It is generally agreed amongst local constitutional experts that an “Act of Parliament” may be amended or repealed by Parliament whilst a “Decree” or a “Proclamation” can never be amended or repealed by Parliament but only by the King. through a Decree or Proclamation. In the case of this “Decree/Act” the answer is not clear. (2) The word “Amendment” causes further confusion in that it presupposes there is an earlier and parent legislation it seeks to amend when in fact there is none. The “parent” legislation should be one enacted and styled as is this one “ENACTED by the King and Parliament of Swaziland.”. In any event, Section 2 of this Decree/Act side-steps or ignores the decrees of the Kings Proclamation of 1973 and deals directly with the Constitution of Swaziland Act (as re-instated) when it states —“Section 98 of the Constitution is amended — (1) in subsection (2) —“ and then goes on and does so. 8. The above language can be distinguished from the language found in Decree 1 of 1981 which differentiates between the Constitution as re-instated and the amendments to the Proclamation of 1973 where section 1 states — “This Decree may be cited as the King’s Proclamation (Amendment) Decree, 1981, shall be read as one with the King’s Proclamation to the Nation of the 12th April, 1973.” And section 2 of this Decree ignores the Constitution “as reinstated” but deals directly with the Proclamation and states — “The King’s Proclamation to the Nation of the 12th April, 1973 is amended by adding the following paragraph after paragraph 13 of the Decree — (by adding a new paragraph 14). 9. Decree No. 2 of 1981, though deriving its enactment power under section 80 of the Establishment of the Parliament of Swaziland Order, 1978, apparently introduces a new dimension, confusion or confirmation of two opposing views elaborated above as it —

Similar Documents

Free Essay

Centrailia Mine

...Public disasters often cause many questions to be raised and fingers to be pointed. This most certainly holds true for the catastrophic explosion of Centralia Mine No. 5 on the afternoon of March 25, 1947, and the violent and untimely deaths of the 111 Centralia Coal Company miners. While many played a role in the unfolding of this tragic disaster, focus is repeatedly brought back to Driscoll Scanlan, an Illinois mine state inspector. Were there other courses of action he could have pursued in the management and security of the mine, and what were the driving factors behind Scanlan’s decision concerning the law he was sworn to uphold and the interest of public good? Those are questions that if answered could help to uncover how this tragedy could have been prevented. For a city of such humble beginnings, established by the railroad via a land grant in 1853, no one could have guessed that Centralia, Illinois, would face such devastation and tragedy less than a century later (Hartley and Kenney, 2006). The city of Centralia—throughout most of its history, experienced slow economic growth, progressed steadily and changed gradually, which provided a stable environment for the community and its growth. As any typical Midwestern town did, Centralia saw many highs and lows within the city’s primary business and industry. Those highs and lows of the coal mining, farming and railroad business helped Centralia become a balanced yet prosperous town and with the exception of the...

Words: 1276 - Pages: 6

Free Essay

King Solomon's Mines : a Colonial Novel

...King Solomon’s Mines, a colonial novel King Solomon’s Mines (1885) was a popular boys’ adventure novel by the Victorian adventure writer and fabulist Sir H. Rider Haggard. It was the first English fictional adventure novel set in Africa . It tells of the search of an unexplored region of Africa by a group of three adventurers for the missing brother of one of the party. The story is narrated by Allan Quatermain, a kind of big game hunter and adventurer who also leads the expedition. They have a lead/clue that the missing brother is somewhere in the interior of Africa, lost on his own quest for King Solomon's mines, a legendary place. The novel is generally believed to have played a part in the British fancy for Africa, and the ‘scramble for Africa’. It is also considered to be the genesis of the Lost World literary genre, a precursor of science fiction. The major interest of the novel now may be its scholarly value, the colonialist attitudes Haggard expresses, the way he portrays the relationships between the white and African characters. 1. Haggard does portray some Africans in their traditional—from a Victorian perspective—literary posts as barbarians, and constant racist commentary can be detected throughout the novel: the mildest form it takes is the superiority complex of whites over blacks. For instance, when it demonstrates the kind of technological gap that existed between the blacks and the whites, through the exhibition of firepower, referred to as ‘the magic...

Words: 952 - Pages: 4

Premium Essay

Pike River Mine Case Study

...the article are relevant within many business types and the consequences of overlooking such issues can result in catastrophic outcomes that impact on all involved. I also was intrigued with regard to the responsibility management had for the outcome of the Pike River Mine disaster which then sparked an interest in finding out what measures could have been taken to prevent such tragedy from occurring. Contemporary Management Issues Failing Human Relations Management (HRM) & Occupational Health & Safety Management (OHSM) Responsibilities. Background and context of the company Pike River Coal Ltd carried out business within the industrial sector of coal mining with ownership of the rights to premium hard coking coal resources in the South Islands of New Zealand (Dept of Internal Affairs, 2012 par. 2). Furthermore, Pike River Coal Ltd is the company behind the tragic Pike River mine disaster that took place on 19th November 2010 claiming 29 lives, and producing four separate explosions within a few days of each other (News Limited, 2012 par. 1) ...

Words: 1019 - Pages: 5

Free Essay

Sago Mine Disaster Case (Pr)

...17th June 2014 ------------------------------------------------- ------------------------------------------------- Crisis Communication ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Assignment #3 ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Sago Mine Disaster ------------------------------------------------- By abhimanyu karnatak Situational Analysis Background and overview on the crisis On 2nd of January 2006, at Wolf Run Mining company’s Sago Mine near Buckhannon, West Virginia, at 6:26 am it was believed that methane explosion in the recently sealed area of mine had prompted. This ignition blew off seals and impelled smoke, debris, dust and lethal carbon monoxide in to the area of work. With 29 coal miners underground, 16 miners managed to escape however, 13 of them were trapped for nearly 2 days awaiting rescue and trying every bit to survive and escape. The disaster claimed the life of 12 miners who suffocated to death because of lack of breathable air but only one “ Randal Mc Cloy“ had succumbed from the deathly incident. The Cause Among the Federal Investigators, MSHA who started investigations on the cause immediately after the explosion pointed out that the most plausible cause of ignition source...

Words: 2393 - Pages: 10

Premium Essay

Thredbo Landslide And Pike River Mine Tragedies: Case Study

...The author will analyse the commander’s role in the Thredbo landslide and Pike River Mine tragedies. Thredbo Village is situated in the Australian Alps, New South Wales. Thredbo is a ski resort and local village in the snowy mountains and attracts large numbers of visitors during the winter as it has the longest ski runs in Australia. At around 11:30pm on the 30th of July 1997, an extensive resonant rumble shuddered the quiet sleeping residents of Thredbo. Around 10,000 tonnes of rock, trees and mud had disintegrated from the slope on the side which lead into another ski town known as Carinya Ski Lodge (Pike, 2013). One person occupied Carinya Ski Lodge and there was a second landslide movement causing Bimbadeen Lodge to collapse inhabited...

Words: 325 - Pages: 2

Premium Essay

Mine.

...departmental exams, I answer a lot of mock questionnaires in high hopes of correctly attacking how the exams were fashioned. In other words, it is building strategy over defeat. Is nursing your first choice? Why? Answer: No. Political Science was at the top of my choices, Nursing came second. But after overthinking and analysing things, and with the influence of my parents, I took the latter. Personally, I have thought of being practical, that is, landing myself in a job with good pay after taking and passing the exam. On the exam, what area do you think you’re strong and weak? Answer: Strengths: Community Health Nursing, Medical-Surgical Nursing & Psychiatric Nursing • Basically, CHN is a favourite of mine. Having been exposed in the community, the illnesses that are rampant and how the people cope, I find it very interesting. • Medical-Surgical Nursing too, is of high regard. Just knowing the different kinds of diseases, pathophysiology and the nursing care rendered, the subject becomes very overwhelming, and at the same time augments my learning in the process. • Psychiatric Nursing is precious because the subject is very complex. I deem to see how human beings are dynamic and complicated altogether. Although this subject is quite unfathomable, especially that it concerns the brain, as a human, it sparks incredible fascination. Weaknesses: Fundamentals of Nursing, Maternal...

Words: 606 - Pages: 3

Premium Essay

Mine

...In your hands, my fellow citizens, more than in mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty. The graves of young Americans who answered the call to service surround the globe. Now the trumpet summons us again — not as a call to bear arms, though arms we need; not as a call to battle, though embattled we are — but a call to bear the burden of a long twilight struggle, year in and year out, "rejoicing in hope, patient in tribulation" — a struggle against the common enemies of man: tyranny, poverty, disease, and war itself. Can we forge against these enemies a grand and global alliance, North and South, East and West, that can assure a more fruitful life for all mankind? Will you join in that historic effort? In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility — I welcome it. I do not believe that any of us would exchange places with any other people or any other generation. The energy, the faith, the devotion which we bring to this endeavor will light our country and all who serve it — and the glow from that fire can truly light the world. And so, my fellow Americans: ask not what your country can do for you — ask what you can do for your country. My fellow citizens of the world: ask not what America will do for you...

Words: 638 - Pages: 3

Free Essay

Centralia No. 5

...woke up to attend their job at the coal mine just as any usual day. (Stillman, 2010) They had no idea they would never return home to their families. March 25, 1947 is the day 111 coal miners were killed during their routine daily duties at the Centralia Coal Mine. (Stillman, 2010) A massive explosion changed the city of Centralia forever. The cause of the massive explosion is due to a build up of coal dust. (Stillman, 2010) The explosion was 100% preventable if necessary actions were taken into affect. The conditions of the coal mine was deadly. There were reports of miners coughing up clumps of coal dust. There were also reports that cakes of coal dust were plastered to the walls of the mines. (Stillman, 2010) Identify and Explain Four Logistical Alternatives Scanlan Could Have Addressed. Governor Dwight Green appointed both Robert Medill and Driscoll Scanlan in the same year. Scanlan was recommended to Green by his state representative. There were several reports from Scanlan that the Centralia Mine No. 5 as highly explosive. ( U.S. Mine Rescue Association, 2012) The reason the mine was highly explosive is because of the coal dust buildup. Two year before the occurrence of the explosion, Frank Perez who was a mine inspector from the U.S. Bureau of Mines, conducted a federal inspection of Centralia Mine. ( U.S. Mine Rescue Association, 2012) Perez and Scalan reports of the Centralia mine were very similar. ( U.S. Mine Rescue Association, 2012) That same...

Words: 1717 - Pages: 7

Premium Essay

Mine

...Marketing Research Analysis James Freeman MKT 421 Henry Tran March 1, 2014 Marketing Research Analysis: Kudler Fine Foods Kathy Kudler has a passion for cooking and gourmet food, and so she started Kudler Fine Foods in 1988. She has successfully opened three locations for her store, in La Jolla, Del Mar, and Encinitas. Kudler Fine Foods sells gourmet-quality foods, like baked goods, seafoods and meats, fresh produce, cheese and other dairy products, and fine wine. They are achieving a great deal of success, and they will likely be able to expand. Kathy wants her business bigger, and now she is looking for the right place to put her new shop. Kudler Fine Foods says that their mission is to “provide their customers with the finest selected foodstuff, wines, and related needs in an unparalleled consumer environment (University of Phoenix, 2008).” Market research will help Kathy find the right marketing strategy to help her business do even better. Importance of Marketing Research Like Kathy, people who start businesses “need information in order to produce products and services that create value in the mind of the customer (Internet Center for Management and Business Administration, 2010).” Market research considers the business, their competitors, and their customers. Before they expand, Kudler Fine Foods needs to do market research to be sure that they have all of...

Words: 1164 - Pages: 5

Free Essay

Mine

...CURRICULUM VITAE ------------------------------------------------------------------------------------------------------------------------------------------ Bio Data: Name: mwangi kenneth Date of Birth: January 20 1992 Gender: Male Phone: +254713580805 Email:mwangikenneth@hotmail.com Postal Address: 35208-00100, Nairobi, Kenya ------------------------------------------------------------------------------------------------------------------------------------------ Personal Attributes: I am a highly motivated and energetic individual who is eager to succeed. I am team player who believes and practices hard work. I am also a quick learner, respectful to authority and possess high integrity values. Lastly I am not afraid to take up new challenges as I believe this is the only way to gain competent work experience. ------------------------------------------------------------------------------------------------------------------------------------------ Career Interests: To harness and develop the skills I have acquired from school by application in a real world practical environment of engineeriing, Investment and management related departments. ------------------------------------------------------------------------------------------------------------------------------------------ Communication: I have an excellent command of written and spoken English, Swahili and a little German. As an extension to this I also possess good social skills that enable me to adapt to different...

Words: 406 - Pages: 2

Free Essay

Mine

...Engl. 1213-009 29 November 2010 Letter from Birmingham Jail In Martin Luther King’s “Letter from Birmingham Jail”, Dr. King expresses his grief for his fellow black people, after seeing and hearing about the injustice that was taking place in Birmingham, Alabama. Dr. King is very explicit in the letter; he makes a very obvious argument on the immeasurable amount of injustice taking place. A reader experiences firsthand that it was about time for necessary action to take place, considering how long the black people had waited for equality through nonviolent protest. “Letter from Birmingham Jail” was a response to eight clergymen’s letter called “A Call for Unity”. In the letter, Dr. King addresses his critics that believed his actions were “unwise and untimely” (King 204). To achieve his personal proposal, King uses ethos, pathos and logos to convey a sense of understanding a reason for equality and sympathy. The main point in Dr. King’s letter is that black people have patiently waited long enough for their God-given rights; “We have waited for more than 340 years for our constitutional and God-given rights” (King 207). And despite what anyone might have said, it time for change to take place. He starts his counterargument towards the clergymen, ministers and civil leaders of Birmingham adequately; he wrote “You deplore the demonstrations taking place in Birmingham, but your statement, I am sorry to say, fails to express a similar concern for the conditions that brought...

Words: 941 - Pages: 4

Premium Essay

Mine

...Desert Vista Model Congress 2010 |COMMITTEE: |Principal Author: Jamie Long | |Bill No: SB.17 |Delegation: | |Title of Bill: | |Lowering the Drinking Age | | | Be It Enacted By The Desert Vista Model Congress |1 |Preamble: Whereas the legal drinking age in the United States is 21 in every state. That means you are not allowed to buy or consume | |2 |any amount of alcohol. The government should take a look at the drinking because around the world other teens are allowed to consume | |3 |and perish alcohol as young as 17 years old. | |4 | | |5 |SECTION 1: The drinking age should be 19 years old to buy and consume the alcohol up...

Words: 258 - Pages: 2

Premium Essay

Mine

...1. Monroe Doctrine- noted that the United States would neither interfere with existing European colonies nor meddle in the internal concerns of European countries. 2. Morse, Samuel F.B.- He contributed to the invention of a single-wire telegraph system based on European telegraphs, was a co-inventor of the Morse code, and also an accomplished painter. 3. New Jersey Plan- was a proposal for the structure of the United States Government presented by William Paterson at the Constitutional Convention on June 15, 1787.[1] The plan was created in response to the Virginia Plan, which called for two houses of Congress, both elected with apportionment according to population.[2] The less populous states were adamantly opposed to giving most of the control of the national government to the more populous states, and so proposed an alternative plan that would have kept the one-vote-per-state representation under one legislative body from the Articles of Confederation. The New Jersey Plan was opposed by James Madison and Edmund Randolph (the proponents of the Virginia Plan). 4. Northwest Ordinance of 1787- was an act of the Congress of the Confederation of the United States, passed July 13, 1787. The primary effect of the ordinance was the creation of the Northwest Territory, the first organized territory of the United States, from lands south of the Great Lakes, north and west of the Ohio River, and east of the Mississippi River. 5. Nullification- in United States constitutional...

Words: 2147 - Pages: 9

Free Essay

Not Mine

...>UCLA Newsroom>All Stories>News Releases Extinction of woolly mammoths may have been due to addition of a predator: humans By David Stauth and Stuart WolpertJuly 01, 2010Category: Research Illustration of sabertooth cat fighting with woolly mammoth. (Credit: Mauricio Anton, courtesy of Oregon State University) The extinction of woolly mammoths and other large mammals more than 10,000 years ago may be explained by the same type of cascade of ecosystem disruption that is being caused today by the global decline of predators such as wolves, cougars and sharks, life scientists report July 1 in the cover article of the journal Bioscience. Then, as now, the cascading events were originally begun by human disruption of ecosystems, a new study concludes, but around 15,000 years ago the problem was not the loss of a key predator, but the addition of one — human hunters with spears. This mass extinction was caused by newly arrived humans tipping the balance of power and competing with major predators such as sabertooth cats, the authors of the new analysis argue. An equilibrium that had survived for thousands of years was disrupted, perhaps explaining the loss of two-thirds of North America's large mammals during this period. "We suggest that the arrival of humans to North America triggered a trophic cascade in which competition for the largest prey was intensified, ultimately causing the large non-human carnivores to decimate the large herbivores," said Blaire Van Valkenburgh...

Words: 1013 - Pages: 5

Premium Essay

Mine

...Managerial Perspective: 17-2 Philip O’Kane ACC/561 May 1, 2014 University of Phoenix Paula White Summary Case study 17-2 in Accounting: Tools for Business Decision Making asks the reader to analyze the Ideal Manufacturing Company as it decides to expand their services to outside agencies that want to use their tool in evaluating its costs using activity based costing, which is a two-step process to calculate overhead costs. The first step is to assign overhead costs to activity cost pools, instead of departments, as is the practice in traditional costing The second step is to use cost drivers to allocate overhead to the correlating activity. A cost driver is any factor which has a direct relationship with resources consumed. In this particular scenario, Ideal Manufacturing has been successful in its research and development department for manufacturing agricultural machinery. They recently recognized that their research and development costs were out of control. Activity based costing helps them to gain control of their costs and identify the basis of cost for charging external companies wishing to hire their research and development department. The table below illustrates how Ideal Manufacturing uses activity based costing to calculate costs (Kimmel, Weygandt, & Kieso, 2011). Table 1 To calculate costs for each activity pool, Annual costs are divided by the total estimated cost drivers. ACTIVITY | COST DRIVER | ANNUAL COSTS | TOTAL ESTIMATED DRIVERS...

Words: 580 - Pages: 3