Constitution of the Kingdom of Swaziland, 2005 eSwatini (3) Copies of the Gazette containing the proclamation of a state of emergency shall as soon as practicable and at any rate not later than seven days from date of publication of that proclamation be laid before Parliament by the Prime Minister. (4) A declaration under subsection (1) if not sooner revoked, shall cease to have effect— (a) in the case of a declaration made when Parliament is sitting or has been summoned to meet within three days, at the expiration of a period of seven days beginning with the date of publication of the declaration; (b) in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration, unless, before the expiration of that period, the declaration is approved by a resolution passed by a two-thirds majority at a joint sitting of all the members of the Senate and the House. (5) Subject to the provisions of subsection (12), the joint sitting referred to in subsection (4) shall not dissolve but only be adjourned to be reconvened from time to time by the President of the Senate or the Speaker of the House until the emergency is ended. (6) A declaration approved by a resolution passed at a joint sitting under subsection (4) shall continue in force until the expiration of a period of three months beginning with the date upon which that declaration was so approved or until such earlier date as may be specified in the resolution. (7) Notwithstanding the provisions of subsection (6), the declaration may be extended from time to time for periods of not more than three months at a time by a resolution passed by a three-fifths majority at a joint sitting of all the members of Senate and the House. (8) Where a person is detained or restricted by virtue of a power exercised in the absolute discretion of any authority and conferred by any such law as is referred to in section 38(1), the following shall apply, that is to say— (a) that person shall, as soon as reasonably practicable and in any case not more than seventytwo hours after the detention or restriction, be furnished with a statement in writing in a language that the person understands specifying in sufficient detail the grounds upon which that person is detained or restricted; (b) not more than five days after detention or restriction, a notification shall be published in the Gazette stating that the person has been detained or restricted and giving particulars of the provision of law under which the detention or restriction is authorised; (c) not more than fourteen days after detention or restriction and thereafter at intervals of three months, the case of that person shall be reviewed by the Commission on Human Rights and Public Administration; (d) the detained or restricted person shall be afforded reasonable facilities to consult a legal practitioner who shall be permitted to make representations to the tribunal; and (e) at the hearing before the tribunal, that person may appear in person or by legal representative. (9) On any review by a tribunal of the case of a detained or restricted person the tribunal may make recommendations concerning the necessity or expediency of continuing the detention or restriction to the authority by which the detention or restriction was ordered and the authority shall be obliged to act in accordance with any such recommendations. (10) Where movement of persons is restricted or curfew imposed, that restriction or curfew, unless lifted within twenty-one days, shall be reviewed by the tribunal appointed in terms of subsection (8)(c) at intervals of not more than one month and any person or group of persons affected by the restriction or curfew may make submissions to the tribunal. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17