Constitution of the Kingdom of Swaziland, 2005
(5)
eSwatini
(b)
in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c)
for the purpose of suppressing a riot, insurrection or mutiny; or
(d)
in order to prevent the commission by that person of a serious criminal offence.
Abortion is unlawful but may be allowed—
(a)
on medical or therapeutic grounds including where a doctor certifies that—
continued pregnancy will endanger the life or constitute a serious threat to the
physical health of the woman;
continued pregnancy will constitute a serious threat to the mental health of the
woman;
there is serious risk that the child will suffer from physical or mental defect of such a
nature that the child will be irreparably seriously handicapped;
16.
(b)
where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a
mentally retarded female; or
(c)
on such other grounds as Parliament may prescribe.
Protection of right to personal liberty
(1)
A person shall not be deprived of personal liberty save as may be authorised by law in any of the
following cases—
(a)
in execution of the sentence or order of a court, whether established for Swaziland or
another country, or of an international court or tribunal in respect of a conviction of a
criminal offence;
(b)
in execution of the order of a court punishing that person for contempt of that court or of
another court or tribunal;
(c)
in execution of the order of a court made to secure the fulfilment of any obligation imposed
on that person by law;
(d)
for the purpose of bringing that person before a court in execution of the order of a court;
(e)
upon reasonable suspicion of that person having committed, or being about to commit, a
criminal offence under the laws of Swaziland;
(f)
in the case of a person who has not attained the age of eighteen years, for the purpose of the
education, care or welfare of that person;
(g)
for the purpose of preventing the spread of an infectious or contagious disease;
(h)
in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to
drugs or alcohol, or a vagrant, for the purpose of the care or treatment of that person or the
protection of the community;
(i)
for the purpose of preventing the unlawful entry of that person into Swaziland, or for the
purpose of effecting the expulsion, extradition or other lawful removal of that person
from Swaziland or for the purpose of restricting that person while being conveyed through
Swaziland in the course of the extradition or removal of that person as a convicted prisoner
from one country to another; or
(j)
to such extent as may be necessary in the execution of a lawful order—
(i)
requiring that person to remain within a specified area within Swaziland or
prohibiting that person from being within such an area;
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