Vision
"To uphold the rule of law and effectively dispense justice to all citizens of the Kingdom, ensuring that the judiciary maintains its independence and respect."
Mission
"To administer justice fairly and to all members of society regardless of status, to uphold the provisions of the Constitution of the country, and to offer public service of the highest standard."
Core Values
Integrity
We uphold the highest standards of ethical conduct and moral principles.
Impartiality
We make decisions without bias, treating all parties equally.
Respect
We treat all individuals with dignity and courtesy.
Excellence
We strive for the highest quality in all our services and procedures.
Independence
We maintain our autonomy from external influences in judicial decisions.
Accountability
We take responsibility for our actions and decisions.
The judicial power of Eswatini is vested in the Judiciary, which is independent and subject only to the Constitution. The courts are the guardians of the Constitution and the rule of law.
Key Constitutional Principles
1
Judicial power is derived from the people and shall be exercised by the courts established under the Constitution.
2
The courts are independent and subject only to the Constitution and the law, which they shall apply impartially without fear, favor or prejudice.
3
No person or organ of state shall interfere with judges or judicial officers in the exercise of their judicial functions.
4
The Judiciary shall have jurisdiction over all civil and criminal matters in the country, and shall have the power to punish for contempt of court.
Judicial independence is a cornerstone of the rule of law in Eswatini. It ensures that judges and other judicial officers can perform their duties free from any external pressure or influence, making decisions based solely on facts and law.
Key Aspects of Independence
Institutional Independence
The judiciary operates as a separate branch of government, with its own structure and administration.
Individual Independence
Judges are free to decide cases impartially, based solely on facts and proper application of the law.
Financial Autonomy
The judiciary has its own budget allocation to ensure operational independence.
Security of Tenure
Judges hold office until retirement, subject only to removal for proven misbehavior or incapacity.
Administrative Independence
The judiciary controls its internal operations, case assignments, and court procedures.
The judiciary of Eswatini has evolved over time, from traditional systems of dispute resolution to the modern court system that operates today. The current judicial system combines elements of Roman-Dutch common law with Swazi customary law.
Pre-colonial Era
Justice was administered through traditional Swazi systems, with chiefs and eventually the king serving as final arbiters.
Colonial Period
British colonial administration introduced Roman-Dutch law and formal court structures alongside traditional systems.
Independence (1968)
Eswatini gained independence and established its own judiciary while maintaining parts of the colonial legal framework.
Constitutional Developments
The adoption of the 2005 Constitution strengthened judicial independence and reformed the court structure.
Modern Era
Continued refinement of the dual legal system, with ongoing efforts to harmonize traditional Swazi customary law with modern legal principles.
