21
(c)
subsection (2) (f) to the extent that the law in question imposes conditions
that should be satisfied if witnesses called to testify on behalf of an accused
person are to be paid their expenses out of public funds; or
(d)
subsection (7) to the extent that the law in question authorises a court to try a
member of a disciplined force for a criminal offence notwithstanding any trial
and conviction or acquittal of that member under the disciplinary law of that
force, so, however, that any court so trying and convicting that member shall
in sentencing that member to any punishment take into account any
punishment awarded under that disciplinary law.
(14)
In the case of a person who is held in lawful detention, the provisions of subsections
(1), (2) (e) and (f) and (3) shall not apply in relation to the trial of that person for a criminal
offence under the law regulating the discipline of persons held in such detention.
(15)
In this section “criminal offence” means a criminal offence under the law of
Swaziland, and “proceedings” in relation to a court or adjudicating authority includes the
announcement of the decision of the court or adjudicating authority.
Protection against arbitrary search or entry.
22.
(1)
A person shall not be subjected –
(a)
to the search of the person or the property of that person;
(b)
to the entry by others on the premises of that person;
(c)
to the search of the private communications of that person,
except with the free consent of that person first obtained.
(2)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in question
makes provision that
(a)
is reasonably required in the interests of defence, public safety, public order,
public morality, public health, town and country planning, the development
and utilisation of mineral resources, or the development or utilisation of any
other property in such a manner as to promote the public benefit;
(b)
is reasonably required for the purpose of promoting the rights or freedoms of
other persons;
(c)
authorises an officer or agent of the Government or of a local government
authority, or of a body corporate established by law for public purposes, to
enter on the premises of any person in order to inspect those premises or
anything on those premises for the purposes of any tax, rate or due or in
order to carry out work connected with any property that is lawfully on those
premises and that belongs to that Government, authority, or body corporate
as the case may be;
(d)
authorises, for the purposes of enforcing the judgement or order of a court in
any civil proceedings, the entry upon any premises by order of a court,
except so far as, in respect of paragraph (c) or (d) that provision or, as the case may
be, the thing done under the authority of that Government, local authority or body
corporate is shown not to be reasonably justifiable in a democratic society.
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