Jurisprudence Law at Eswatini
Eswatini's legal system is rooted in a blend of Roman-Dutch law and Swazi customary law, with the Constitution of 2005 serving as the supreme legal authority. The judiciary is independent, comprising the High Court and the Supreme Court, which play pivotal roles in interpreting and applying the law.
🇸🇿 Legal System Overview
Constitutional Framework: The Constitution guarantees fundamental rights and freedoms, including the right to a fair trial and protection from arbitrary detention.
Judicial Structure:
High Court: Handles civil and criminal matters, including constitutional and administrative cases.
Supreme Court: Serves as the highest appellate court, with authority to interpret the Constitution and make final rulings on legal disputes.
Customary Law: Swazi customary law influences personal law matters, such as marriage and inheritance, and is recognized alongside statutory law.
⚖️ Notable Jurisprudence
Delayed Trials as Constitutional Violations
In a landmark decision, the Supreme Court condemned a 13-year delay in bringing a murder case to trial, describing it as "a form of torture" and a breach of constitutional rights to a speedy trial. While upholding the conviction, the Court indicated that the delay could have warranted a reduced sentence if raised during the review.
Unconstitutional Marital Power Doctrine
The High Court declared the doctrine of marital power unconstitutional, emphasizing that it denied married women the ability to sue in their own name and infringed upon their dignity and equality. This judgment aligns with previous rulings that have progressively dismantled discriminatory marital laws.
Recognition of LGBTIQ+ Rights
The Supreme Court unanimously overturned a Registrar's decision to deny registration to the Eswatini Sexual and Gender Minorities (ESGM) organization, citing violations of the constitutional right to administrative justice. The Court ordered the Minister to reconsider the registration application, marking a significant step towards recognizing LGBTIQ+ rights in Eswatini.
Upholding Sedition Laws Amidst Rights Concerns
In the case of Prime Minister of Eswatini and Another v Thulani Maseko and Six Others, the Supreme Court upheld the Sedition and Subversive Activities Act, despite arguments that it infringed upon freedom of expression. The Court narrowed the scope of sedition to include elements of violence or disorder, reflecting a balance between national security and individual rights.
📚 Accessing Legal Resources
EswatiniLII: The Eswatini Legal Information Institute provides comprehensive access to judgments from the High Court, Supreme Court, Industrial Court, and other tribunals. It serves as a valuable resource for legal practitioners, researchers, and the public. (EswatiniLII)
Recent Judgments: Notable recent decisions include:
Mabuza v Mabuza and Others (2025): A family law matter involving inheritance disputes.
Redi Cure Conversations (Pty) Ltd v Conversions Eswatini (Pty) Ltd (2025): A commercial dispute concerning contractual obligations.
Rex v Mabila and Another (2025): A criminal case addressing charges of theft.
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