Constitution of the Kingdom of Swaziland, 2005 21. eSwatini (4) 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. (5) 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. Right to fair hearing (1) 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. (2) A person who is charged with a criminal offence shall be— (a) presumed to be innocent until that person is proved or has pleaded guilty; (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; (c) entitled to legal representation at the expense of the Goverrnment in the case of any offence which carries a sentence of death or imprisonment for life; (d) given adequate time and facilities for the preparation of the defence; (e) permitted to present a defence before the court either directly or through a legal representative chosen by that person; (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 (g) permitted to have, without payment, the assistance of an interpreter if that person cannot understand the language used at the trial. (3) 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. (4) 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. (5) 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. (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9