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(6)
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.
(7)
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.
(8)
A person shall not be tried for a criminal offence where that person has been
pardoned for that offence.
(9)
A person who is tried for a criminal offence shall not be compelled to give evidence at
the trial.
(10)
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.
(11)
All proceedings of every court or adjudicating authority shall be held in public.
(12)
Notwithstanding the provisions of subsection (11), a court or adjudicating authority
(a)
(b)
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
(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
(ii)
in interlocutory proceedings;
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.
(13)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of
(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;
(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;
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