Constitution of the Kingdom of Swaziland, 2005
12.
eSwatini
Oath by King and iNgwenyama
The King and iNgwenyama shall upon his installation as King and iNgwenyama take and subscribe an oath
for the due execution of his office in accordance with Swazi law and custom.
13.
The King’s Advisory Council
(1)
There shall be the King’s Advisory Council composed and constituted as Liqoqo under section 231.
(2)
The function of the Council shall be to advise the King and iNgwenyama as provided for under
section 231.
Chapter III
Protection and promotion of fundamental rights and freedoms
14.
Fundamental rights and freedoms of the individual
(1)
15.
The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby
declared and guaranteed, namely—
(a)
respect for life, liberty, right to fair hearing, equality before the law and equal protection of
the law;
(b)
freedom of conscience, of expression and of peaceful assembly and association and of
movement;
(c)
protection of the privacy of the home and other property rights of the individual;
(d)
protection from deprivation of property without compensation;
(e)
protection from inhuman or degrading treatment, slavery and forced labour, arbitrary search
and entry; and
(f)
respect for rights of the family, women, children, workers and persons with disabilities.
(2)
The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by
the Executive, the Legislature and the Judiciary and other organs or agencies of Goverrnment and,
where applicable to them, by all natural and legal persons in Swaziland, and shall be enforceable by
the courts as provided in this Constitution.
(3)
A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or
disability shall be entitled to the fundamental rights and freedoms of the individual contained in
this Chapter but subject to respect for the rights and freedoms of others and for the public interest.
Protection of right to life
(1)
A person shall not be deprived of life intentionally save in the execution of the sentence of a court
in respect of a criminal offence under the law of Swaziland of which that person has been convicted.
(2)
The death penalty shall not be mandatory.
(3)
A sentence of life imprisonment shall not be less than twenty-five years.
(4)
Without prejudice to any liability for a contravention of any other law with respect to the use of
force in such cases as are mentioned in this subsection, a person shall not be regarded as having
been deprived of life in contravention of this section if death results from use of force to such
extent as is reasonably justifiable and proportionate in the circumstances of the case—
(a)
for the defence of any person from violence or for the defence of property;
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