Industrial Court of Appeal of Eswatini

Introduction

The Industrial Court of Appeal of Eswatini is a superior court established to hear and determine appeals from the Industrial Court. Created in 1980 alongside the Industrial Court, it ensures the consistent and proper application of labor and employment laws in the Kingdom, with its decisions subject only to appeal to the Supreme Court on constitutional matters or points of law of public importance.

As a specialized appellate body, the Industrial Court of Appeal maintains the integrity of Eswatini's labor jurisprudence, balancing the interests of employers, employees, and labor organizations while upholding the principles of fairness and justice in the workplace.

Jurisdiction and Authority

The Industrial Court of Appeal has appellate jurisdiction over the Industrial Court.

Appeals from Industrial Court

Final decisions and orders
Interlocutory rulings (with leave)
Review of procedural matters

Scope of Review

Questions of law
Questions of fact
Mixed questions of law and fact
Procedural irregularities

Remedial Powers

Affirm, modify, or reverse Industrial Court decisions
Remand cases for further proceedings
Issue final orders
Award costs

Court Composition

The Industrial Court of Appeal consists of specialized judges with expertise in labor and employment law.

President

Heads the Industrial Court of Appeal and presides over hearings

Justices

Appointed by the King on advice of the Judicial Service Commission

Qualifications

Extensive legal experience and expertise in labor and employment law

Sitting Arrangements

Cases are typically heard by a panel of three justices

Appeal Process

Understanding the steps involved in appealing to the Industrial Court of Appeal:

1

Filing Notice of Appeal

Must be filed within 30 days from the date of judgment

Content requirements include specific grounds of appeal
Payment of prescribed filing fees
Service on all parties to the original proceedings

2

Record Preparation

Complete record of Industrial Court proceedings

Transcription of oral evidence and arguments
Certification by the Registrar of the Industrial Court
Submission to the Industrial Court of Appeal Registry

3

Written Submissions

Detailed legal arguments from all parties

Appellant's arguments due within 21 days of filing
Respondent's reply due within 21 days thereafter
Format requirements per court rules

4

Hearing Procedure

Oral arguments before the Court

Scheduling by the Court Registrar
Typically limited to 30 minutes per side
Questions from the panel of justices

5

Judgment Delivery

Final decision on the appeal

Deliberation among panel members
Written judgment with reasons
Usually delivered within 90 days of hearing

Grounds for Appeal

Errors of Law

Misinterpretation of statutes
Incorrect application of legal principles
Jurisdictional errors
Misapplication of precedent

Errors of Fact

Findings contrary to evidence
Insufficient evidence to support findings
Failure to consider material evidence
Misinterpretation of witness testimony

Procedural Irregularities

Due process violations
Bias or appearance of bias
Improper admission or exclusion of evidence
Denial of fair hearing opportunity

Ultra Vires Actions

Court exceeding its statutory powers
Improper remedies or relief granted
Jurisdictional overreach
Failure to follow ministerial directives

Legal Representation

Information about representation before the Industrial Court of Appeal:

Legal Practitioners

Must be attorneys enrolled in Eswatini with rights of appearance

Special Permission

Non-attorneys may appear with special leave of the Court

Self-Representation

Parties may represent themselves subject to Court guidelines

Costs and Fees

Standard attorney fees apply as per Court tariffs

Court Sessions

The Industrial Court of Appeal sits in sessions throughout the year.

Regular Sessions

The Court typically sits in two regular sessions per year:

First Session (February)
Second Session (July)

Each session usually lasts for five months, with cases scheduled according to readiness and availability of the a bench.

Special Sessions

The Court may convene special sessions for:

Urgent matters requiring immediate attention
Cases with significant public interest
Matters affecting national labor stability
Clearing backlogs when necessary

Special sessions are called by the President of the Court as needed.

Venues

The Court primarily sits in the following locations:

Main Courtroom, Mbabane, Fincorp Building

Virtual hearings may be arranged in special circumstances.

Annual Calendar

The Court's calendar is published in December for the coming year, specifying:

Exact dates for all regular sessions
Filing deadlines for each session
Pre-hearing conference schedules
Court vacations and public holidays

Download the current Court Calendar

Appeals to the Supreme Court

Limited circumstances under which Industrial Court of Appeal decisions may be appealed to the Supreme Court:

Constitutional Questions

Appeals involving the interpretation or application of the Constitution of Eswatini

Points of Law of Public Importance

Legal issues with broader implications for Eswatini's jurisprudence

Special Leave

Exceptional permission required from the Supreme Court to appeal

Finality

Most decisions are final and not subject to further appeal

Important Note

Applications for leave to appeal to the Supreme Court must be filed within 21 days of the Industrial Court of Appeal's judgment. The application must demonstrate that the matter raises constitutional issues or points of law of public importance.

Contact Information

Physical Address

Fincorp Building
Gwamile Street
Mbabane, Eswatini

Postal Address

P.O. Box 19
Mbabane, H100
Eswatini

Phone

+268 2404 2500
+268 2404 2555

Email

admin@judiciary.org.sz

Operating Hours

Monday to Friday: 8:30 AM - 4:00 PM
Closed on Public Holidays