Constitution of the Kingdom of Swaziland, 2005 37. 38. eSwatini (11) Where the public emergency has been extended beyond twenty-one days, the Prime Minister shall make a report to a joint sitting of the Senate and the House stating among other things, the number of persons, if any, detained or restricted in terms of this section, the status of the emergency and the public reaction to the continued state of emergency. (12) The provisions of the First Schedule shall apply with respect to the summoning and procedure of the joint sitting of the Senate and the House. Derogations during public emergency (1) Without prejudice to the power of Parliament to make provision in any situation or the provisions of section 38, nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of any provision of this Chapter to the extent that the law authorises the taking, during any period of public emergency, of measures that are reasonably justifiable for dealing with the situation that exists during that period. (2) A law that is passed during a period of public emergency and is expressly declared to have effect only during that period shall have effect in terms provided in the section of this Chapter under which that law is passed. Prohibition of certain derogations Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms— 39. (a) life, equality before the law and security of person; (b) the right to fair hearing; (c) freedom from slavery or servitude; (d) the right to an order in terms of section 35(1); and (e) freedom from torture, cruel, inhuman or degrading treatment or punishment. Saving clauses and interpretation (1) Save as may otherwise be expressly indicated, nothing contained in section 21(2) or section 36(8) shall be construed as entitling a person to legal representation at public expense. (2) Nothing contained in section 20, 24 or 25 shall be construed as precluding the inclusion in the terms and conditions of service of public officers of reasonable requirements as to the communication or association with other persons or as to the movement or residence of those officers. (3) In relation to a person who is a member of a disciplined force of Swaziland, no-thing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than section 15, 17, or 18. (4) Measures taken in relation to a person who is a member of a disciplined force of a country with which Swaziland is at war and any law, to the extent that it authorises the taking of any of those measures shall not be held to be inconsistent with or in contravention of any of the provisions of this Chapter. (5) The provisions of section 36(8) do not apply in the case of a detained or restricted person who is a citizen of a country which is at war with Swaziland or has been engaged in hostilities against Swaziland in association with or on behalf of that country or otherwise assisting that country. (6) In this Chapter, unless the context otherwise requires— By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 18