Constitution of the Kingdom of Swaziland, 2005
(3)
18.
19.
For the purposes of this section, the expression “forced labour” does not include any labour—
(a)
required in consequence of the sentence or order of a court;
(b)
required of any person while that person is lawfully detained which, though not required in
consequence of the sentence or order of the court, is reasonably necessary in the interests of
hygiene or for the maintenance of the place at which that person is detained;
(c)
required of a member of a disciplined force in pursuance of the duties of that member or,
in the case of a person who has conscientious objections to service as a member of a naval,
military or air force, any labour that that person is required by law to perform in place of that
service;
(d)
required during a period of public emergency or in the event of any other emergency or
calamity that threatens the life or well-being of the community, to the extent that the
requiring of that labour is reasonably justifiable in the circumstances of any situation arising
or existing during that period or as a result of that other emergency or calamity, for the
purpose of dealing with that situation; or
(e)
reasonably required as part of reasonable and normal parental, cultural, communal or other
civic obligations, unless it is repugnant to the general principles of humanity.
Protection from inhuman or degrading treatment
(1)
The dignity of every person is inviolable.
(2)
A person shall not be subjected to torture or to inhuman or degrading treatment or punishment.
Protection from deprivation of property
(1)
A person has a right to own property either alone or in association with others.
(2)
A person shall not be compulsorily deprived of property or any interest in or right over property of
any description except where the following conditions are satisfied—
(a)
the taking of possession or acquisition is necessary for public use or in the interest of
defence, public safety, public order, public morality or public health;
(b)
the compulsory taking of possession or acquisition of the property is made under a law which
makes provision for—
(c)
20.
eSwatini
(i)
prompt payment of fair and adequate compensation; and
(ii)
a right of access to a court of law by any person who has an interest in or right over the
property;
the taking of possession or the acquisition is made under a court order.
Equality before the law
(1)
All persons are equal before and under the law in all spheres of political, economic, social and
cultural life and in every other respect and shall enjoy equal protection of the law.
(2)
For the avoidance of any doubt, a person shall not be discriminated against on the grounds of
gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing,
political opinion, age or disability.
(3)
For the purposes of this section, “discriminate” means to give different treatment to different
persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic
origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or
disability.
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