Constitution of the Kingdom of Swaziland, 2005
eSwatini
(3)
Copies of the Gazette containing the proclamation of a state of emergency shall as soon as
practicable and at any rate not later than seven days from date of publication of that proclamation
be laid before Parliament by the Prime Minister.
(4)
A declaration under subsection (1) if not sooner revoked, shall cease to have effect—
(a)
in the case of a declaration made when Parliament is sitting or has been summoned to meet
within three days, at the expiration of a period of seven days beginning with the date of
publication of the declaration;
(b)
in any other case, at the expiration of a period of twenty-one days beginning with the date of
publication of the declaration,
unless, before the expiration of that period, the declaration is approved by a resolution passed by a
two-thirds majority at a joint sitting of all the members of the Senate and the House.
(5)
Subject to the provisions of subsection (12), the joint sitting referred to in subsection (4) shall not
dissolve but only be adjourned to be reconvened from time to time by the President of the Senate or
the Speaker of the House until the emergency is ended.
(6)
A declaration approved by a resolution passed at a joint sitting under subsection (4) shall continue
in force until the expiration of a period of three months beginning with the date upon which that
declaration was so approved or until such earlier date as may be specified in the resolution.
(7)
Notwithstanding the provisions of subsection (6), the declaration may be extended from time to
time for periods of not more than three months at a time by a resolution passed by a three-fifths
majority at a joint sitting of all the members of Senate and the House.
(8)
Where a person is detained or restricted by virtue of a power exercised in the absolute discretion
of any authority and conferred by any such law as is referred to in section 38(1), the following shall
apply, that is to say—
(a)
that person shall, as soon as reasonably practicable and in any case not more than seventytwo hours after the detention or restriction, be furnished with a statement in writing in a
language that the person understands specifying in sufficient detail the grounds upon which
that person is detained or restricted;
(b)
not more than five days after detention or restriction, a notification shall be published in the
Gazette stating that the person has been detained or restricted and giving particulars of the
provision of law under which the detention or restriction is authorised;
(c)
not more than fourteen days after detention or restriction and thereafter at intervals of three
months, the case of that person shall be reviewed by the Commission on Human Rights and
Public Administration;
(d)
the detained or restricted person shall be afforded reasonable facilities to consult a legal
practitioner who shall be permitted to make representations to the tribunal; and
(e)
at the hearing before the tribunal, that person may appear in person or by legal
representative.
(9)
On any review by a tribunal of the case of a detained or restricted person the tribunal may make
recommendations concerning the necessity or expediency of continuing the detention or restriction
to the authority by which the detention or restriction was ordered and the authority shall be obliged
to act in accordance with any such recommendations.
(10)
Where movement of persons is restricted or curfew imposed, that restriction or curfew, unless lifted
within twenty-one days, shall be reviewed by the tribunal appointed in terms of subsection (8)(c) at
intervals of not more than one month and any person or group of persons affected by the restriction
or curfew may make submissions to the tribunal.
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