Constitution of the Kingdom of Swaziland, 2005
eSwatini
(ii)
reasonably justifiable for the taking of proceedings against that person relating to the
making of any such order; or
(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.
(2)
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.
(3)
A person who is arrested or detained—
(a)
for the purpose of bringing that person before a court in execution of the order of a court; or
(b)
upon reasonable suspicion of that person having committed, or being about to commit, a
criminal offence,
shall, unless sooner released, be brought without undue delay before a court.
17.
(4)
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.
(5)
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.
(6)
Where a person is arrested or detained—
(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;
(b)
the next-of-kin, legal representative and personal doctor of that person shall be allowed
reasonable access and confidentiality to that person; and
(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.
(7)
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.
(8)
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.
(9)
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.
Protection from slavery and forced labour
(1)
A person shall not be held in slavery or servitude.
(2)
A person shall not be required to perform forced labour.
By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents