This post discusses the senate house of Eswatini, the history, composition, elections, members and the functions of the senate.
The Senate of Eswatini is the upper chamber of the country’s bicameral Parliament. The Senate may debate or pass a bill, with the exception of a “money bill”, which must first be introduced in the lower chamber, the House of Assembly.
Read: HOUSE OF ASSEMBLY OF ESWATINI
History
The Senate was established in 1967 when the Legislative Council was disbanded and bicameral legislature was established in the new constitution.
Constitution
The Senate must not exceed 31 members, and currently numbers 30. The King of Eswatini appoints 20, while the remaining ten are elected by the House of Assembly. Of these, at least eight of the 20 and at least five of the ten must be women. However, according to the Inter-Parliamentary Union database, in 2008, there were 12 women senators instead of the minimum stipulated 13, and in 2013, there were only ten.
Elections
Election is by secret ballot in a first-past-the-post system of voting. All senators serve five-year terms. Each senator must be at least 18 years old, a citizen, a registered voter, and have “paid all taxes or made arrangements satisfactory to the Commissioner of Taxes”. Disqualifications are: being insolvent under any law without having been “rehabilitated”, being of unsound mind, sentenced to death or more than six months in prison for a crime in Eswatini, a member of the country’s armed forces or holding or acting in a public office without being granted a leave of absence to serve in the Senate, unqualified to be a voter, otherwise disqualified by law, found incompetent to hold public office, connected to a firm with a government contract and having not made the proper disclosures regarding the contract, or holding or acting in any office connected with the conduct of any election or the compilation or revision of any electoral register.
In July 2005, a new constitution was approved by the Parliament and signed by King Mswati III. The first election under the new constitution took place in September 2008. The most recent election was held in September 2013. Gelane Zwane ran unopposed and was elected President of the Senate for the third consecutive time. Ngomuyayona Gamedze was chosen as Deputy President, also for the third consecutive time. Six of the King’s selections were members of his family.
Later in 2013, the Senate banned Members of Parliament from divorcing while in office to “avoid embarrassing the king.”
Senate Members
The Eswatini Senate has a total of 30 members – 19 males and 11 females.
The process of entry into the chamber is by Appointment. 10 members are appointed by the House of Assembly while 20 are appointed by the King. The House of Assembly constitutes itself into an electoral college for this purpose. The duration of the members’ mandate is 5 years.
A member can be removed before the end of the tenure by the King in Council if convicted for an offence with a sentence not less than six months imprisonment. The chamber is convened by messages passed through the radio, telephone and by the Presiding Officers.
The chamber can be dissolved according to Order No 1 of 1992 and by the King in Council (SNC). The Senate and the lower chamber complement each other. The Senate sits for at least 7 months in one year.
Principal Officers
The Presiding Officer is called the President of the Senate. He has five years mandate as the Presiding Officer.
He is appointed/elected into the House at the same time with others, before being elected as the President.
Functions of the Presiding Officer
He is an overall arbiter in the chamber which entails maintenance of order during debates.
He draws the Agenda of the Senate’s business.
He calls and selects Speakers on the floor of the chamber.
The President of the Senate is the principal and head of the legislature. He must obtain the highest number of votes cast in the chamber among three contestants for his election.
He can be removed from office before the end of his tenure by the members of the chamber if a vote of no confidence is passed on him or if he is convicted for an offence exceeding an imprisonment term of 6 months. In the event of his removal, he retains his seat in the Chamber.