Civil Laws at Eswatini
Eswatini (formerly Swaziland) operates under a dual legal system that integrates both Roman-Dutch common law and Swazi customary law. This system reflects the nation's unique blend of modern legal principles and traditional practices.
⚖️ Legal Framework
1. Roman-Dutch Common Law
Eswatini's common law is rooted in Roman-Dutch law, a legacy of its colonial past. This body of law governs civil matters such as contracts, property, and torts. The High Court, established under the High Court Act of 1954, exercises original jurisdiction in most civil and criminal matters, including constitutional issues and fundamental human rights. It also hears appeals from lower courts and tribunals.
2. Swazi Customary Law
Parallel to the common law system, Swazi customary law governs personal status, family relations, inheritance, and land tenure among the Swazi people. The Swazi National Courts, established under the Swazi National Courts Act of 1950, adjudicate minor criminal offenses and civil disputes based on customary law. These courts operate informally, often without legal representation, and are perceived as more accessible and expedient.
🏛️ Judicial Structure
Eswatini's judiciary comprises two main court systems
Superior Court of Judicature: Includes the Supreme Court and the High Court, handling serious civil and criminal cases
Swazi National Courts: Deal with minor offenses and civil matters under customary law Judges are appointed by the King on the advice of the Judicial Service Commission The judiciary is constitutionally independent, though concerns have been raised about its autonomy in practice
⚖️ Legal Developments
In recent years, Eswatini has seen significant legal reforms
Abolition of Marital Power: In 2019, the High Court declared the common law doctrine of marital power unconstitutional, affirming that married women have equal capacity to administer marital property and engage in legal contracts
Legal Representation in Swazi Courts: Traditionally, parties in Swazi National Courts, including suspects in criminal proceedings, were not entitled to legal representation. This practice has been criticized for violating the right to a fair trial and is contrary to international standards
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