The Attorney-General’s Office is established in terms of section 77 of the Constitution of Swaziland Act 2005.
The Attorney General is the principal legal advisor to Government.
MISSION The mission of the Attorney-General’s Office is to ensure the maintenance of the rule of law with a commitment to support all the organs of the State and, through the provision of efficient, proper and reliable legal services, to attain good governance, support the implementation of the Constitution and improve the administration of justice, enhance the economic well being of the nation and give meaning to the fundamental rights of the individual.
The functions of the Attorney-General are to-
• Be principal legal advisor to Government • Be ex officio member of the Cabinet • Represent chiefs in their official capacity in legal proceedings • Advise the king on any matter of law including any matter relating to any function vested in the King by the Constitution or any other law • Draft and sign all Government Bills presented to parliament • Draw and peruse agreements, contracts, treaties, conventions and documents in which Government has an interest • Be available for consultations with the Director of Public Prosecutions • Represent the Government in courts or in any legal proceedings to which Government is a party • Assist Ministers in piloting Bills in Parliament and provide guidance in legal matters to Parliament; and • To perform other functions as may be assigned by law.
The Attorney General’s Office is made up of two departments, Litigation and Legal Drafting.
Legal Drafting The functions of the legal drafting department is to draft major (Bills) and subsidiary legislation (regulations and notices). The department drafts Bills and regulations upon receiving instructions from the various ministries and Government departments. The department also gives legal advice especially on cases requiring statutory interpretation.
The department is, currently with the help of the Commonwealth Secretariat, involved in a project of aligning the country’s laws with the new constitution. A number of new laws that are required have been identified and will be submitted to Parliament shortly. Structure The department is made up of seven officers as follows-