Monday, October 28, 2013

Religion Provisions of the Swaziland Constitution (2005)

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."
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The 2005 Constitution of Swaziland contains a religious freedom guarantee with some broad limitations, an equal protection guarantee, and some ceremonial deisms.
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Preamble

Whereas We the People of the Kingdom of Swaziland do hereby undertake in humble submission to Almighty God to start afresh under a new framework of constitutional dispensation;

Religious Freedom

23. (1) A person has a right to freedom of thought, conscience or religion.
(2) Except with the free consent of that person, a person shall not be hindered in the enjoyment of the freedom of conscience, and for the purposes of this section freedom of conscience includes freedom of thought and of religion, freedom to change religion or belief, and freedom of worship either alone or in community with others.
(3) A religious community is entitled to establish and maintain places of education and to manage any place of education which that community wholly maintains, and that community may not be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which that community wholly maintains or in the course of any education which that community otherwise provides.

(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision
(a) that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or
(b) that is reasonably required for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of members of any other religion or belief.

Equal Protection of Religion

20. (1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability.

Ceremonial Deisms

Second Schedule
OATHS
Sections 45(4), 73, 90(9), 128(1),143, 178 and 231(6)
(Oath or affirmation of allegiance)
I, ……………………………….. do swear (or solemnly affirm) that I will be faithful and bear true allegiance to King ……………………………, his heirs and successors, according to law.
So help me God. (To be omitted in affirmation.)
(Oath or Affirmation for due execution of office)
I……………………………………. do swear (or solemnly affirm) that I will well and truly serve King ……………………………….., his heirs and successors, in the office of (here insert the description of the office).
So help me God. (To be omitted in Affirmation)
(Judicial oath or Affirmation)
I……………………………………… do swear (or solemnly affirm) that I will well and truly serve King……………………………, his heirs and successors, in the office of (here insert the description of the judicial office) and I will do right to all manner of people according to the law without fear or favour, affection or ill will.

So help me God. (To be omitted in Affirmation)

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