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(2)
A law that is passed during a period of public emergency and is expressly declared to
have effect only during that period shall have effect in terms provided in the section of this
Chapter under which that law is passed.
Prohibition of certain derogations
38.
Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment
of the following rights and freedoms
(a)
life, equality before the law and security of person;
(b)
the right to fair hearing;
(c)
freedom from slavery or servitude;
(d)
the right to an order in terms of section 35 (1); and
(e)
freedom from torture, cruel, inhuman or degrading treatment or punishment.
Saving clauses and interpretation
39.
(1)
Save as may otherwise be expressly indicated, nothing contained in section 21 (2) or
section 36 (8) shall be construed as entitling a person to legal representation at public
expense.
(2)
Nothing contained in section 20, 24 or 25 shall be construed as precluding the
inclusion in the terms and conditions of service of public officers of reasonable requirements
as to the communication or association with other persons or as to the movement or
residence of those officers.
(3)
In relation to a person who is a member of a disciplined force of Swaziland, nothing
contained in or done under the authority of the disciplinary law of that force shall be held to
be inconsistent with or in contravention of any of the provisions of this Chapter other than
sections 15, 17, or 18.
(4)
Measures taken in relation to a person who is a member of a disciplined force of a
country with which Swaziland is at war and any law, to the extent that it authorises the taking
of any of those measures shall not be held to be inconsistent with or in contravention of any of
the provisions of this Chapter.
(5)
The provisions of section 36 (8) do not apply in the case of a detained or restricted
person who is a citizen of a country which is at war with Swaziland or has been engaged in
hostilities against Swaziland in association with or on behalf of that country or otherwise
assisting that country.
(6)
In this Chapter, unless the context otherwise requires
“contravention”, in relation to any requirement, includes a failure to comply with that
requirement, and cognate expressions shall be construed accordingly;
“court” means a court of law having jurisdiction in Swaziland, but does not include,
save in sections 15 and 17, a court established by a disciplinary law;
“disciplinary law” means law regulating the discipline of any disciplined force;
“disciplined force” means –
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