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Protection of right to personal liberty
16.
(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;
(ii)
reasonably justifiable for the taking of proceedings against that
person relating to the making of any such order; or
(iii)
reasonably justifiable for restraining that person during any visit,
which that person is permitted to make to any part of Swaziland in
which, in consequence of that order, the presence of that person
would otherwise be unlawful.
(2)
A person who is arrested or detained shall be informed as soon as reasonably
practicable, in a language which that person understands, of the reasons for the arrest or
detention and of the right of that person to a legal representative chosen by that person.
(3)
A person who is arrested or detained –
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