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Table of Contents

  1. Preamble
  2. CHAPTER I. THE KINGDOM AND ITS CONSTITUTION
  3. CHAPTER II. MONARCHY
  4. CHAPTER III. PROTECTION AND PROMOTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
  5. CHAPTER IV. CITIZENSHIP
  6. Part 1. Acquisition of Citizenship
  7. Part 2. Loss of Citizenship
  8. CHAPTER V. DIRECTIVE PRINCIPLES OF STATE POLICY AND DUTIES OF THE CITIZEN
  9. CHAPTER VI. THE EXECUTIVE
  10. CHAPTER VII. THE LEGISLATURE
  11. Part 1a. System of Government
  12. Part 1b. Representation of the people
  13. Part 1c. Elections and Boundaries Commission
  14. Part 2. Composition of Parliament
  15. Part 3a. Legislation in Parliament
  16. Part 3b. Procedure in Parliament
  17. Part 3c. Parliamentary Service
  18. Part 4. Summoning, prorogation and dissolution
  19. CHAPTER VIII. THE JUDICATURE
  20. Part 1. General
  21. Part 2a. The Supreme Court
  22. Part 2b. The High Court
  23. Part 3. Appointment, removal, etc of Superior Court Justices
  24. Part 4. Judicial Service Commission
  25. CHAPTER IX. DIRECTOR OF PUBLIC PROSECUTIONS AND THE COMMISSION ON HUMAN RIGHTS AND PUBLIC ADMINISTRATION
  26. Part 1. Director of Public Prosecutions
  27. Part 2. Commission on Human Rights and Public Administration
  28. CHAPTER X. THE PUBLIC SERVICE
  29. Part 1. Service Commissions
  30. Part 2. Civil Service Commission
  31. Part 3. Miscellaneous
  32. CHAPTER XI. PUBLIC FINANCE
  33. CHAPTER XII. LAND, MINERALS, WATER AND ENVIRONMENT
  34. CHAPTER XIII. LOCAL GOVERNMENT
  35. CHAPTER XIV. TRADITIONAL INSTITUTIONS
  36. CHAPTER XV. INTERNATIONAL RELATIONS
  37. CHAPTER XVI. LEADERSHIP CODE OF CONDUCT
  38. CHAPTER XVII. AMENDMENT OF THE CONSTITUTION
  39. CHAPTER XVIII. MISCELLANEOUS
  40. CHAPTER XIX. TRANSITIONAL PROVISIONS
  41. FIRST SCHEDULE. SUMMONING AND PROCEDURE OF JOINT SITTINGS OF SENATE AND HOUSE OF ASSEMBLY (Sections 36, 115, 116, 117, 245, 246, 247)
  42. SECOND SCHEDULE. OATHS (Sections 45(4), 73, 90(9), 128(1),143, 178 and 231(6))

Constitution of Swaziland (2005)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

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3Preamble

4Whereas 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;

5Whereas as a Nation it has always been our desire to achieve full freedom and independence under a constitution created by ourselves for ourselves in complete liberty;

6Whereas various vusela consultations, economic and constitutional commissions, political experiments and Sibaya meetings have been established and undertaken in the last thirty years in search of a sustainable home-grown political order;

7Whereas it has become necessary to review the various constitutional documents, decrees, laws, customs and practices so as to promote good governance, the rule of law, respect for our institutions and the progressive development of the Swazi society;

8Whereas it is necessary to blend the good institutions of traditional Law and custom with those of an open and democratic society so as to promote transparency and the social, economic and cultural development of our Nation;

9Whereas it is necessary to protect and promote the fundamental rights and freedoms of ALL in our Kingdom in terms of a constitution which binds the Legislature, the Executive, the Judiciary and the other Organs and Agencies of the Government;

10Whereas all the branches of government are the Guardians of the Constitution, it is necessary that the Courts be the ultimate Interpreters of the Constitution;

11Whereas as a Nation we desire to march forward progressively under our own constitution guaranteeing peace, order and good government, and the happiness and welfare of ALL our people;

12Whereas the Constitution in draft form was circulated to the nation in both official languages, was vetted by the people at tinkhundla and Sibaya meetings;

13Now, THEREFORE, WE, iNgwenyama–in-Council, acting together with and on the Approval of the Swazi Nation meeting as the Swazi National Council assembled at Ludzidzini this 4th day of October, 2004, hereby Accept the following Constitution as the Supreme Law of the Land.

14CHAPTER I. THE KINGDOM AND ITS CONSTITUTION

151. The Kingdom and its territory

161. Swaziland is a unitary, sovereign, democratic Kingdom.

172. The territory of Swaziland comprises all the land that immediately before the 6th September 1968 comprised the former Protected State of Swaziland together with such additional land as may from time to time be declared to form part of Swaziland in accordance with international law.

182. The Constitution

191. This Constitution is the supreme law of Swaziland and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.

202. The King and iNgwenyama and all the citizens of Swaziland have the right and duty at all times to uphold and defend this Constitution.

213. Any person who -

22 a.by himself or in concert with others by any violent or other unlawful means suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act; or

23 b.aids and abets in any manner any person referred to in paragraph (a);

24commits the offence of treason.

253. The Anthem, Flag and Languages

261. The National Anthem and Flag of Swaziland shall be the Anthem or Flag lawfully in use at the time of commencement of this Constitution or such other Anthem or Flag as may from time to time be prescribed.

272. The official languages of Swaziland are siSwati and English.

283. Notwithstanding the provisions of subsection (2), the authoritative text of any law or document shall be the text in which that law or document was originally passed or produced.

29CHAPTER II. MONARCHY

304. King and iNgwenyama

311. Without prejudice to the provisions of section 228, King and iNgwenyama of Swaziland is an hereditary Head of State and shall have such official name as shall be designated on the occasion of his accession to the Throne.

322. The King and iNgwenyama is a symbol of unity and the eternity of the Swazi nation.

333. The King and iNgwenyama is the-

34 a.Commander-in-Chief of the Defence Force;

35 b.Commissioner-in-Chief of the Police Service; and

36 c.Commissioner-in-Chief of the Correctional Services.

374. The King and iNgwenyama has such rights, prerogatives and obligations as are conferred on him by this Constitution or any other law, including Swazi law and custom, and shall exercise those rights, prerogatives and obligations in terms and in the spirit of this Constitution.

385. Succession to the Throne

391. Succession to the office of King and iNgwenyama is hereditary and governed by this Constitution and Swazi law and custom.

402. Where the office of King and iNgwenyama becomes vacant the successor to the Throne shall be determined and declared in accordance with Swazi law and custom.

416. Umntfwana (Crown Prince)

421. Until he accedes to the Throne, a person declared a successor under section 5, shall be designated as Umntfwana.

432. Unless the situation otherwise requires, Umntfwana shall accede to the Throne when he has attained the age of eighteen years.

443. Umntfwana, before being declared king shall be installed iNgwenyama in accordance with Swazi law and custom.

454. Umntfwana shall not assume any of the duties of the office of King and iNgwenyama until he accedes to the Throne.

465. The Crown Prince shall be entitled to such training, allowance and other privileges as may be prescribed appropriate to his status.

477. The Ndlovukazi

481. Without prejudice to the provisions of section 229, the Ndlovukazi is traditionally the mother of the King and iNgwenyama and is appointed in accordance with Swazi law and custom.

492. Until the King and iNgwenyama has been installed, that is to say, until he has publicly assumed the functions and responsibilities of the King and iNgwenyama in accordance with this Constitution and Swazi law and custom, or during any period when he is by reason of absence from Swaziland or any other cause unable to perform the functions of his office, those functions shall be performed, save as otherwise provided in this Constitution, by the Ndlovukazi acting as Queen Regent.

503. In her capacity as Queen Regent, the Ndlovukazi shall be assisted and advised by the Umntfwanenkhosi Lomkhulu -in-Libandla.

514. The Queen Regent shall be entitled to such remuneration as may be prescribed and that remuneration shall be paid out of the Consolidated Fund and shall not be reduced during the continuance in office of the Queen Regent.

525. Civil proceedings shall not be instituted or continued in respect of which relief is claimed against the Queen Regent for anything done or omitted to be done by the Queen Regent in her private capacity and shall not be summoned to appear as a witness in any civil or criminal proceedings.

536. Where provision is made by law limiting the time within which proceedings of any description may be brought against a person, the period during which that person held a position of Queen Regent shall not be taken into account in calculating the period of time prescribed by that law which determines whether any such proceedings as are mentioned in this section may be brought against that person.

547. The Queen Regent shall be immune from taxation in respect of –

55 a.any remuneration received in terms of subsection (4);

56 b.all income accruing to her in her private capacity; and

57 c.all property owned by her in her private capacity and so far as the taxation relates to the period of regency.

588. The Ndlovukazi shall, before commencing to act as Queen Regent take and subscribe an oath for the due execution of office in accordance with Swazi law and custom.

599. The Queen Regent shall hand over her office to the Ndlovukazi when Umntfwana assumes the office of King and iNgwenyama.

608. Umntfwanenkhosi Lomkhulu (Senior Prince)

611. Without prejudice to the provisions of section 234, Umntfwanenkhosi Lomkhulu is appointed in accordance with Swazi law and custom.

622. Where the Ndlovukazi in her capacity as Queen Regent is temporarily out of the Kingdom or for any reason temporarily unable to perform the functions of her office, subject to any requirements under Swazi law and custom, the Umntfwanenkhosi Lomkhulu may perform those functions subject to any specific instructions she may make.

633. Umntfwanenkhosi Lomkhulu when acting in terms of subsection (2) shall be entitled to such remuneration as may be prescribed and that remuneration shall be paid out of the Consolidated Fund and shall not be reduced during his continuance in office.

644. Civil proceedings shall not be instituted or continued in respect of which relief is claimed against the Umntfwanenkhosi Lomkhulu when acting in terms of subsection (2) for anything done or omitted to be done by him in his private capacity and he shall not be summoned to appear as a witness in any civil or criminal proceedings.

655. Where provision is made by law limiting the time within which proceedings of any description may be brought against a person, the period during which that person held a position of Umntfwanenkhosi Lomkhulu in terms of subsection (2) shall not be taken into account in calculating the period of time prescribed by that law which determines whether such proceedings as are mentioned in this section may be brought against that person.

666. The Umntfwanenkhosi Lomkhulu when acting in terms of subsection (2) shall be immune from taxation in respect of -

67 a.any remuneration received in terms of subsection (3);

68 b.all income accruing to him in his private capacity; and

69 c.all property owned by him in his private capacity in so far as the taxation relate to the period of regency.

707. Umntfwanenkhosi Lomkhulu shall, before commencing to act in terms of subsection (2) take and subscribe an oath for the due execution of the office in accordance with Swazi law and custom.

719. Civil List of King and iNgwenyama

721. The King and iNgwenyama shall be paid such emoluments and shall have such Civil List as may be prescribed.

732. Any remuneration prescribed under this section shall be a charge on and paid out of the Consolidated Fund and shall not be reduced during the continuance in office of King and iNgwenyama.

7410. Immunity of King and iNgwenyama

75The King and iNgwenyama shall be immune from taxation in respect of his Civil List, all income accruing to him and all property owned by him in any private capacity.

7611. Protection of King and iNgwenyama in respect of legal proceedings

77The King and iNgwenyama shall be immune from –

78 a.suit or legal process in any cause in respect of all things done or omitted to be done by him; and

79 b.being summoned to appear as a witness in any civil or criminal proceeding.

8012. Oath by King and iNgwenyama

81The King and Ngwenyama shall upon his installation as King and Ngwenyama take and subscribe an oath for the due execution of his office in accordance with Swazi law and custom.

8213. The King’s Advisory Council

831. There shall be the King’s Advisory Council composed and constituted as Liqoqo under Section 231.

842. The function of the Council shall be to advise the King and Ngwenyama as provided for under Section 231.

85CHAPTER III. PROTECTION AND PROMOTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

8614. Fundamental rights and freedoms of the individual

871. The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –

88 a.respect for life, liberty, right to fair hearing, equality before the law and equal protection of the law;

89 b.freedom of conscience, of expression and of peaceful assembly and association and of movement;

90 c.protection of the privacy of the home and other property rights of the individual;

91 d.protection from deprivation of property without compensation;

92 e.protection from inhuman or degrading treatment, slavery and forced labour, arbitrary search and entry; and

93 f.respect for rights of the family, women, children, workers and persons with disabilities.

942. The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Swaziland, and shall be enforceable by the courts as provided in this Constitution.

953. A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest.

9615. Protection of right to life

971. A person shall not be deprived of life intentionally save in the execution of the sentence of a court in respect of a criminal offence under the law of Swaziland of which that person has been convicted.

982. The death penalty shall not be mandatory.

993. A sentence of life imprisonment shall not be less than twenty five years.

1004. Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are mentioned in this subsection, a person shall not be regarded as having been deprived of life in contravention of this section if death results from use of force to such extent as is reasonably justifiable and proportionate in the circumstances of the case -

101 a.for the defence of any person from violence or for the defence of property;

102 b.in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

103 c.for the purpose of suppressing a riot, insurrection or mutiny; or

104 d.in order to prevent the commission by that person of a serious criminal offence.

1055. Abortion is unlawful but may be allowed –

106 a.on medical or therapeutic grounds including where a doctor certifies that –

107 i.continued pregnancy will endanger the life or constitute a serious threat to the physical health of the woman;

108 ii.continued pregnancy will constitute a serious threat to the mental health of the woman;

109 iii.there is serious risk that the child will suffer from physical or mental defect of such a nature that the child will be irreparably seriously handicapped;

110 b.where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a mentally retarded female; or

111 c.on such other grounds as Parliament may prescribe.

11216. Protection of right to personal liberty

1131. A person shall not be deprived of personal liberty save as may be authorised by law in any of the following cases -

114 a.in execution of the sentence or order of a court, whether established for Swaziland or another country, or of an international court or tribunal in respect of a conviction of a criminal offence;

115 b.in execution of the order of a court punishing that person for contempt of that court or of another court or tribunal;

116 c.in execution of the order of a court made to secure the fulfilment of any obligation imposed on that person by law;

117 d.for the purpose of bringing that person before a court in execution of the order of a court;

118 e.upon reasonable suspicion of that person having committed, or being about to commit, a criminal offence under the laws of Swaziland;

119 f.in the case of a person who has not attained the age of eighteen years, for the purpose of the education, care or welfare of that person;

120 g.for the purpose of preventing the spread of an infectious or contagious disease;

121 h.in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of the care or treatment of that person or the protection of the community;

122 i.for the purpose of preventing the unlawful entry of that person into Swaziland, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Swaziland or for the purpose of restricting that person while being conveyed through Swaziland in the course of the extradition or removal of that person as a convicted prisoner from one country to another; or

123 j.to such extent as may be necessary in the execution of a lawful order –

124 i.requiring that person to remain within a specified area within Swaziland or prohibiting that person from being within such an area;

125 ii.reasonably justifiable for the taking of proceedings against that person relating to the making of any such order; or

126 iii.reasonably justifiable for restraining that person during any visit, which that person is permitted to make to any part of Swaziland in which, in consequence of that order, the presence of that person would otherwise be unlawful.

1272. A person who is arrested or detained shall be informed as soon as reasonably practicable, in a language which that person understands, of the reasons for the arrest or detention and of the right of that person to a legal representative chosen by that person.

1283. A person who is arrested or detained –

129 a.for the purpose of bringing that person before a court in execution of the order of a court; or

130 b.upon reasonable suspicion of that person having committed, or being about to commit, a criminal offence,

131shall, unless sooner released, be brought without undue delay before a court.

1324. Where a person arrested or detained pursuant to the provisions of subsection (3), is not brought before a court within forty-eight hours of the arrest or detention, the burden of proving that the provisions of subsection (3) have been complied with shall rest upon any person alleging that compliance.

1335. Where a person is brought before a court in execution of the order of a court in any proceedings or upon any suspicion of that person having committed or being about to commit an offence, that person shall not be further held in custody in connection with those proceedings or that offence save upon the order of a court.

1346. Where a person is arrested or detained -

135 a.the next-of-kin of that person shall, at the request of that person, be informed as soon as practicable of the arrest or detention and place of the arrest or detention.

136 b.the next-of-kin, legal representative and personal doctor of that person shall be allowed reasonable access and confidentiality to that person; and

137 c.that person shall be allowed reasonable access to medical treatment including, at the request and at the cost of that person, access to private medical treatment.

1387. If a person is arrested or detained as mentioned in subsection (3) (b) then, without prejudice to any further proceedings that may be brought against that person, that person shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that that person appears at a later date for trial or for proceedings preliminary to trial.

1398. A person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person or from any other person or authority on whose behalf that other person was acting.

1409. Where a person is convicted and sentenced to a term of imprisonment for an offence, any period that person has spent in lawful custody in respect of that offence before the completion of the trial of that person shall be taken into account in imposing the term of imprisonment.

14117. Protection from slavery and forced labour

1421. A person shall not be held in slavery or servitude.

1432. A person shall not be required to perform forced labour.

1443. For the purposes of this section, the expression “forced labour” does not include any labour –

145 a.required in consequence of the sentence or order of a court;

146 b.required of any person while that person is lawfully detained which, though not required in consequence of the sentence or order of the court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which that person is detained;

147 c.required of a member of a disciplined force in pursuance of the duties of that member or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of that service;

148 d.required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of that labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

149 e.reasonably required as part of reasonable and normal parental, cultural, communal or other civic obligations, unless it is repugnant to the general principles of humanity.

15018. Protection from inhuman or degrading treatment

1511. The dignity of every person is inviolable.

1522. A person shall not be subjected to torture or to inhuman or degrading treatment or punishment.

15319. Protection from deprivation of property

1541. A person has a right to own property either alone or in association with others.

1552. A person shall not be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied -

156 a.the taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health;

157 b.the compulsory taking of possession or acquisition of the property is made under a law which makes provision for -

158 i.prompt payment of fair and adequate compensation; and

159 ii.a right of access to a court of law by any person who has an interest in or right over the property;

160 c.the taking of possession or the acquisition is made under a court order.

16120. Equality before the law

1621. 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.

1632. 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.

1643. For the purposes of this section, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or disability.

1654. Subject to the provisions of subsection (5) Parliament shall not be competent to enact a law that is discriminatory either of itself or in its effect.

1665. Nothing in this section shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalances in society.

16721. Right to fair hearing

1681. In the determination of civil rights and obligations or any criminal charge a person shall be given a fair and speedy public hearing within a reasonable time by an independent and impartial court or adjudicating authority established by law.

1692. A person who is charged with a criminal offence shall be-

170 a.presumed to be innocent until that person is proved or has pleaded guilty;

171 b.informed as soon as reasonably practicable, in a language which that person understands and in sufficient detail, of the nature of the offence or charge;

172 c.entitled to legal representation at the expense of the government in the case of any offence which carries a sentence of death or imprisonment for life;

173 d.given adequate time and facilities for the preparation of the defence;

174 e.permitted to present a defence before the court either directly or through a legal representative chosen by that person;

175 f.afforded facilities to examine in person or by a legal representative the witnesses called by the prosecution and to obtain the attendance of witnesses to testify on behalf of that person on the same conditions as those applying to witnesses called by the prosecution; and

176 g.permitted to have, without payment, the assistance of an interpreter if that person cannot understand the language used at the trial.

1773. Except with the free consent of the person concerned and for purposes of subsection (2), the trial shall not take place in the absence of that person unless that person acts so as to render the continuance of the proceedings in the presence of that person impracticable and the court has ordered that person to be removed and the trial to proceed in the absence of that person.

1784. Where a person is tried for any criminal offence, the accused person or person authorised by the accused person shall, if the accused person or person authorised by the accused person so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

1795. A person shall not be charged with or held to be guilty of a criminal offence on account of any act or omission that did not, at the time the act or omission took place, constitute an offence.

1806. A penalty shall not be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

1817. A person who has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which that person could have been convicted at the trial for the offence, save upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal.

1828. A person shall not be tried for a criminal offence where that person has been pardoned for that offence.

1839. A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.

18410. Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.

18511. All proceedings of every court or adjudicating authority shall be held in public.

18612. Notwithstanding the provisions of subsection (11), a court or adjudicating authority -

187 a.may, unless it is otherwise provided by Act of Parliament, exclude from its proceedings persons other than the parties and their legal representatives to such extent as the court may consider -

188 i.in circumstances where publicity may unduly prejudice the interests of defence, public safety, public order, justice, or public morality or would prejudice the welfare of persons under the age of eighteen years or as the court may deem appropriate; or

189 ii.in interlocutory proceedings;

190 b.shall, where it is so prescribed by a law that is reasonably required in the interests of defence, public safety, public order, justice, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of the persons concerned in the proceedings, exclude from its proceedings persons, other than the parties and their legal representatives, to such extent as is so prescribed.

19113. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of -

192 a.subsection (2) (a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

193 b.subsection (2) (e) to the extent that the law in question prohibits legal representation before a Swazi Court or before any Swazi court hearing appeals from such a court;

194 c.subsection (2) (f) to the extent that the law in question imposes conditions that should be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or

195 d.subsection (7) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying and convicting that member shall in sentencing that member to any punishment take into account any punishment awarded under that disciplinary law.

19614. In the case of a person who is held in lawful detention, the provisions of subsections (1), (2) (e) and (f) and (3) shall not apply in relation to the trial of that person for a criminal offence under the law regulating the discipline of persons held in such detention.

19715. In this section “criminal offence” means a criminal offence under the law of Swaziland, and “proceedings” in relation to a court or adjudicating authority includes the announcement of the decision of the court or adjudicating authority.

19822. Protection against arbitrary search or entry

1991. A person shall not be subjected –

200 a.to the search of the person or the property of that person;

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