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245.
(1)
Subject to the provisions of this chapter, Parliament may amend any provision of this
Constitution by the introduction of a bill expressly providing that the Constitution shall be
amended as proposed in that bill.
(2)
A bill to amend this Constitution shall only be introduced at a joint sitting of the
Senate and the House summoned for the purpose in accordance with the provisions of the
First Schedule.
(3)
A bill under subsection (2) shall not be so introduced unless that bill has been
published in the Gazette not less than thirty days before the introduction at the joint sitting.
(4)
After the bill has been introduced in the joint sitting, no further proceedings shall be
taken on the bill in Parliament until the prescribed period has elapsed.
(5)
If, after the prescribed period the bill is passed at the joint sitting and or at a
referendum with the requisite majority, the bill shall be submitted to the King for assent.
Amendment of specially entrenched provisions
246.
(1)
Where a bill in terms of this Chapter contains provision for amending any of the
specially entrenched provisions of this Constitution as set out in sub-section (2), the bill shall
not be passed at the joint sitting unless it is supported on its final reading by the votes of not
less than three-quarters of all the members of the two chambers.
(2)
The specially entrenched provisions are as follows
(a)
The Kingdom and its Constitution: section 2;
(b)
Monarchy: section 4, 5, 7(2), 7(3), 8(2), 9, 10, 11;
(c)
Protection and Promotion of Fundamental Rights and Freedoms Chapter III
(d)
The Executive: section 64, 65, 66(1), 69(1), 69(2);
(e)
The Legislature: section 79, 84, 93, 106, 108, 115, 119(1), 134;
(f)
The Judicature: section 138, 139, 140, 141, 146, 151, 153(1) 155, 158, 159
except 159(5);
(g)
Director of Public Prosecutions and the Commission on Human Rights:
section 162(1), 162(4), 162(6);
(h)
Public Finance: section 207(1);
(i)
Land, Minerals, etc: section 210(1), 211(1), 213;
(j)
Traditional Institutions: section 227, 228, 229; 230; 231;
(k)
Amendment of the Constitution: Chapter XVII;
(l)
Miscellaneous: Chapter XVIII in its application to any of the provisions
referred to in this section except section 251;
(m)
The First Schedule in its application to any of the provisions referred to in this
section.
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