info@judiciary.org.sz +268 2404 2901
Superior Court of Record

High Court of Eswatini

Unlimited Original Jurisdiction

3 Divisions
1954 Established
24/7 Access to Justice
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Introduction

The High Court of Eswatini is a superior court of record with unlimited original jurisdiction in civil and criminal matters. Established in 1954, it serves as an integral part of the Kingdom's judicial system, handling serious criminal cases, complex civil disputes, and appeals from subordinate courts.

1954
Establishment of the High Court of Eswatini
1968
Post-Independence Reforms
2005
Constitutional Restructuring
Present
Modern Judicial Framework

Jurisdiction and Powers

The High Court has extensive jurisdiction as provided by the Constitution and other laws.

Original Jurisdiction

  • Unlimited jurisdiction in civil matters
  • Serious criminal offenses (murder, treason, etc.)
  • Constitutional matters
  • Administrative law cases

Appellate Jurisdiction

  • Appeals from Magistrate Courts
  • Appeals from specialized tribunals
  • Review of administrative decisions
  • Applications for judicial review

Supervisory Jurisdiction

  • Oversight of all subordinate courts
  • Judicial review of administrative actions
  • Enforcement of fundamental rights
  • Issuance of prerogative writs (mandamus, certiorari, prohibition)

Court Divisions

The High Court operates through specialized divisions to enhance efficiency and expertise.

Criminal Division

  • Serious criminal offenses
  • Complex criminal matters
  • Criminal appeals from lower courts

Civil Division

  • Complex civil litigation
  • Contractual disputes
  • Torts and damages claims

Commercial Division

  • Business and commercial disputes
  • Corporate law matters
  • Banking and financial cases

Constitutional Division

  • Constitutional interpretations
  • Enforcement of fundamental rights
  • Constitutional petitions

Family Division

  • Divorce and matrimonial causes
  • Child custody and maintenance
  • Adoption and guardianship

Court Procedures

Understanding the processes and procedures of the High Court

Civil Procedure

1
Filing a case

Submit pleadings with required documentation and fees to the Registry.

2
Pleadings process

Exchange of statement of claim, defense, and counterclaims between parties.

3
Pre-trial conference

Meeting to narrow issues, discuss settlement, and plan for trial.

4
Trial procedure

Presentation of evidence, witness testimony, and legal arguments.

5
Judgment and enforcement

Court's decision and mechanisms for enforcement if necessary.

Criminal Procedure

1
Committal proceedings

Preliminary examination of evidence to determine if case should proceed to trial.

2
Plea taking

Accused person's formal response to the charges (guilty/not guilty).

3
Trial process

Prosecution and defense present their cases before the court.

4
Evidence presentation

Examination of witnesses, documents, and other evidence.

5
Sentencing

Determination of appropriate punishment if found guilty.

Appeals Procedure

1
Filing notice of appeal

Submit within prescribed time limits (usually 14-30 days after judgment).

2
Record preparation

Compilation of court transcripts and relevant documents.

3
Hearing process

Appellate arguments presented by both parties before the court.

4
Judgment delivery

Court's decision on the appeal, which may affirm, reverse, or modify the original judgment.

Court Calendar and Terms

The High Court operates on a term basis throughout the year.

First Term
January to March
  • First Session Matters
Vacation
April
Emergency and urgent matters only
Second Term
May to August
  • Second Session Matters
Vacation
August
Emergency and urgent matters only
Third Term
September to December
  • Third Session Matters
Vacation
December
Emergency and urgent matters only

Contact Information

Location

High Court Building, Hospital Hill, Mbabane

Postal Address

P.O. Box 19, Mbabane

Phone

+268 2404 2901 / +268 2404 3286

Email

admin@judiciary.org.sz

Hours of Operation

Monday to Friday: 8:00 AM - 4:30 PM

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