info@judiciary.org.sz +268 2404 2901
Commercial Division

Commercial Court of Eswatini

Efficient Resolution of Commercial Disputes

2021 Established
PD 1/2021 Directive
Fast Expedited Process
Practice Directive 1/2021
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Introduction

The Commercial Court is a division of the High Court established to resolve commercial disputes expeditiously. It operates under the High Court Rules unless otherwise specified in this directive. The court's mandate is to ensure efficient resolution of complex commercial matters affecting businesses in Eswatini.

A Specialized Approach to Business Disputes

The Commercial Court was established under Practice Directive 1/2021 to provide businesses and commercial entities with a dedicated judicial forum focused on commercial law expertise and expedited dispute resolution.

Established Under: Practice Directive 1/2021
Issued Date: 06 October 2021
Legal Foundation: Constitution of Eswatini (Sections 139(5), 142, 153, 154)

Key Features

Specialized Judges

Appointed by the King on advice of the Judicial Service Commission. Judges must meet the same qualifications as High Court Judges (Constitution, Section 154).

Public Proceedings

Hearings are conducted openly unless restricted by constitutional provisions.

Court of Record

Proceedings are documented and maintained by the Assistant Registrar.

Expedited Process

Streamlined procedures designed for swift resolution of commercial disputes.

Commercial Focus

Dedicated exclusively to business-related legal matters and disputes.

Specialized Expertise

Judges with particular knowledge of commercial law and business practices.

Jurisdiction

The Commercial Court handles disputes arising from commercial transactions, including but not limited to:

Export/import of goods

Banking, insurance, and financial services

Intellectual property (trademarks, copyright)

Company law matters (Companies Act interpretation)

Commercial contracts and mercantile documents

Business rescue and insolvency cases

Arbitration disputes

Unlawful competition

Oil/gas exploitation (non-administrative law aspects)

Medical scheme services

Case Allocation

Designation Process

1

Application for Designation

Any party may apply to the Registrar of the High Court to classify a case as a commercial dispute.

2

Submission Requirements

Submit a letter detailing the case's nature and legal basis for designation.

3

Administrative Decision

The Registrar consults the Chief Justice to assign the case to a Commercial Court Judge.

Urgent Applications

  • Must include a letter justifying urgency.
  • The Registrar rules on designation immediately.

Action Proceedings

Summons Issuance

File at the High Court.

Application for Commercial Designation

Submit to the Registrar with notice to all parties.

Registrar's Ruling

Made within 2 days of application.

Review Option

Parties may challenge the Registrar's decision via motion proceedings before a High Court Judge.

Action Proceedings Workflow
Summons
→
Application
→
Ruling
→
High Court
(if review)

Application Proceedings

1

Motion Proceedings

Initiated in the High Court.

2

Transfer Request

Apply to the Registrar to move the case to the Commercial Court.

3

Timeline Management

The Judge sets deadlines for:

  • Affidavit submissions
  • Heads of Argument
  • Hearing dates
Application Process Flow
Motion Filing
Transfer Application
Timeline Setting
Commercial Court Hearing

Pre-Trial Conference

Timing

Held within 5 days of case allocation.

Key Agenda Items

  • Legal issues for determination
  • Number of witnesses (including experts)
  • Estimated trial duration
  • Non-contested legal issues

Outcome

A signed Pre-Trial Conference Minute becomes part of the court record.

Pre-Trial Conference
Judge
Counsel 1
Counsel 2
Registrar

Expert Evidence

Expert Meeting

Presiding Judge convenes experts to file joint reports.

Joint Minute

Experts must outline agreed/disputed issues and legal grounds for disagreements.

Benefits of Expert Evidence Procedure

Clarity on technical matters
Expedited proceedings
Identification of agreed facts
Focused legal argumentation

Urgent Applications

1

Submission

File with a detailed urgency justification.

2

Registrar's Decision

Immediate ruling on commercial dispute designation.

3

Case Allocation

Registrar and Chief Justice assign to a Judge promptly.

Criteria for Urgency

Immediate harm or prejudice
Time-sensitive commercial matters
Need for immediate injunctive relief
Substantial economic impact

Appeals

Appeal Route

Appeals from Commercial Court judgments go to the Supreme Court.

Procedure

Follows standard Supreme Court appeal rules.

Appeals Hierarchy
Supreme Court
Commercial Court

Contact Information

Registrar of the High Court

Address: Commercial Court, Nokwane, Bethany.
Tel: (+268) 2404 2901/3
Email: admin@judiciary.org.sz

Hours of Operation

Monday - Thursday
8:00 AM - 4:30 PM
Friday
8:00 AM - 3:30 PM

Commercial Court Inquiry

References

  • Constitution of Eswatini (Sections 139(5), 142, 153, 154)
  • Practice Directive 1/2021 (Issued 06 October 2021)
Download Practice Directive 1/2021