State privileges and immunities

Kingdom of Swaziland

Swaziland - Constitution 2005 EN

Protection of King and iNgwenyama in respect of legal proceedings

11. The King and iNgwenyama shall be immune from –
(a) suit or legal process in any cause in respect of all things done or omitted to be done by him; and
(b) being summoned to appear as a witness in any civil or criminal proceeding.

Parliamentary immunities and privileges

130.

(1) The President, Speaker, members of Parliament and any other person participating or assisting in or acting in connection with or reporting the proceedings of Parliament or any of its committees shall be entitled to such immunities and privileges as Parliament may by law prescribe.
(2) The freedom of speech, immunities and privileges, referred to in subsection (1), shall not be impeached or questioned in any court of law or place outside of Parliament.
(3) Any process issued by any court in the exercise of its civil or criminal jurisdiction shall not be served or executed within the precincts of Parliament while Parliament is sitting, or through the President or the Speaker, the Clerk or any other officer of Parliament.

Independence of the Judiciary
141.
(4) A judge of a superior court or any person exercising judicial power, is not liable to any action or suit for any act or omission by that judge or person in the exercise of the judicial power.

Protection of members

177.

Every member of a service commission shall have such and like protection and privilege in the case of any action or suit brought against that member for any act done or omitted to be done in the honest execution of the duties of that member as is by law given to acts done or words spoken by a judge of the High Court in the exercise of the judicial office.

Rome Statute

Article 27 Irrelevance of official capacity

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

APIC

ARTICLE 27 Social Security

From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes.