Interpretation of Statutes at Eswatini
Here’s an overview of the Interpretation of Statutes in Eswatini (formerly Swaziland), focusing on the legal framework and key principles governing statutory interpretation:
⚖️ Interpretation of Statutes in Eswatini
1. Legal System Context
Eswatini follows a common law system influenced by English law and customary law.
The country’s Constitution is the supreme law and plays a significant role in interpretation.
Statutory interpretation is guided by the Interpretation Act, 1957, along with common law principles.
2. The Interpretation Act
The Interpretation Act provides general rules for reading and construing legislation, including:
Definitions of terms used in laws.
Rules on singular/plural and gender.
Guidance on the meaning of “may,” “shall,” and “include.”
Computation of time.
Provisions on repeal and commencement of laws.
Territorial extent and application.
3. Key Principles of Interpretation
Eswatini courts apply standard common law rules:
Literal Rule:
Giving words their ordinary and grammatical meaning.
Golden Rule:
Modifying the literal meaning to avoid absurd or unjust outcomes.
Mischief Rule:
Considering the problem or “mischief” the statute seeks to address.
Purposive Approach:
Looking at the spirit and purpose behind the legislation.
4. Judicial Role and Practice
Courts interpret statutes in a manner consistent with the Constitution.
They may use extrinsic materials such as legislative history or earlier versions of laws if ambiguities arise.
Common law precedents, including those from other Commonwealth jurisdictions, guide interpretation.
5. Constitutional Supremacy
The Constitution of Eswatini is the highest legal authority.
Statutory provisions must be interpreted to align with constitutional rights and principles.
If conflict arises, constitutional provisions prevail.
Summary
In Eswatini, statutory interpretation combines the Interpretation Act rules with common law principles, all under the supremacy of the Constitution. Courts aim to apply the law fairly, respecting legislative intent and constitutional guarantees.
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