Criminal Procedure Code at Eswatini
The primary legislation governing criminal procedure in Eswatini is the Criminal Procedure and Evidence Act, 1938 (Act No. 67 of 1938). This Act regulates the procedures and rules of evidence in criminal cases within the country. (Criminal Procedure and Evidence Act, 1938 - EswatiniLII)
Key Features of the Criminal Procedure and Evidence Act, 1938
1. Application and Scope
The Act applies to all criminal proceedings instituted after January 1, 1939, for any offense committed in any part of Eswatini, regardless of when the offense occurred. (Criminal Procedure and Evidence Act, 1938 - EswatiniLII)
2. Arrest and Detention
Arrest Warrants: A magistrate may issue a warrant for the arrest of any person or for the further detention of a person arrested without a warrant upon a written application from the Attorney-General, a public prosecutor, or a commissioned police officer. (Criminal Procedure and Evidence Act, 1938 - EswatiniLII)
3. Bail and Sureties
Bail: The court has discretion in determining the amount of bail, ensuring that it is not excessive. An accused person may appeal to a judge if they consider the bail amount to be excessive or if bail is denied. (Criminal Procedure and Evidence Act, 1938 - EswatiniLII)
4. Indictments and Summonses
High Court Indictments: Charges in the High Court must be laid in writing in a document called an indictment, signed by the Attorney-General if the prosecution is public. Private prosecutions require the indictment to be signed by the private party or their counsel. (Criminal Procedure and Evidence Act, 1938 - EswatiniLII)
5. Witness Competency
Competency and Compellability: Every person not expressly excluded by the Act is competent and compellable to give evidence in a criminal case in any court or before a magistrate on a preparatory examination. (Criminal Procedure and Evidence Act, 1938 - EswatiniLII)
6. Sentencing
Judgment: The judgment in every trial must be pronounced or the substance of such judgment must be explained in open court either immediately after the termination of the hearing or without undue delay at some subsequent time. (Criminal Procedure and Evidence Act, 1938 - EswatiniLII)
7. Special Provisions for Certain Offenses
Rape: A person convicted of rape shall, if the court finds aggravating circumstances to have been present, be liable to a minimum sentence of nine years without the option of a fine, and no sentence or part thereof shall be suspended. Proceedings in rape cases may be held in camera if the victim requests or the court determines. (Criminal Procedure and Evidence Act, 1938 - EswatiniLII)
Accessing the Act
The full text of the Criminal Procedure and Evidence Act, 1938 is available online at the Eswatini Legal Information Institute (EswatiniLII) website: (Criminal Procedure and Evidence Act, 1938 - EswatiniLII). (Criminal Procedure and Evidence Act, 1938 - EswatiniLII)
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