Constitution of the Kingdom of Swaziland, 2005 (10) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time. (11) All proceedings of every court or adjudicating authority shall be held in public. (12) Notwithstanding the provisions of subsection (11), a court or adjudicating authority— (a) (b) (13) 22. eSwatini may, unless it is otherwise provided by Act of Parliament, exclude from its proceedings persons other than the parties and their legal representatives to such extent as the court may consider— (i) in circumstances where publicity may unduly prejudice the interests of defence, public safety, public order, justice, or public morality or would prejudice the welfare of persons under the age of eighteen years or as the court may deem appropriate; or (ii) in interlocutory proceedings; shall, where it is so prescribed by a law that is reasonably required in the interests of defence, public safety, public order, justice, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of the persons concerned in the proceedings, exclude from its proceedings persons, other than the parties and their legal representatives, to such extent as is so prescribed. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of— (a) subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; (b) subsection (2)(e) to the extent that the law in question prohibits legal representation before a Swazi court or before any Swazi court hearing appeals from such a court; (c) subsection (2)(f) to the extent that the law in question imposes conditions that should be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or (d) subsection (7) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying and convicting that member shall in sentencing that member to any punishment take into account any punishment awarded under that disciplinary law. (14) In the case of a person who is held in lawful detention, the provisions of subsections (1), (2)(e) and (f) and (3) shall not apply in relation to the trial of that person for a criminal offence under the law regulating the discipline of persons held in such detention. (15) In this section “criminal offence” means a criminal offence under the law of Swaziland, and “proceedings” in relation to a court or adjudicating authority includes the announcement of the decision of the court or adjudicating authority. Protection against arbitrary search or entry (1) A person shall not be subjected— (a) to the search of the person or the property of that person; (b) to the entry by others on the premises of that person; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10