The Honourable Chief Justice of the Kingdom of Eswatini, Bheki Maphalala, delivered a keynote address during the celebration of a significant milestone by the Constitutional Court of South Africa. Speaking in his capacity as the Chairperson of the Southern and Eastern Africa Chief Justices Forum, Chief Justice Maphalala commended the Constitutional Court for its remarkable contributions to the promotion and protection of fundamental human rights and freedoms.
In his opening remarks, Chief Justice Maphalala congratulated the Judiciary of South Africa and acknowledged the strong affirmation of judicial independence expressed earlier by the President of South Africa. He further noted that the quality of judgments delivered by the Constitutional Court of South Africa continues to reflect its commitment to upholding constitutional values and advancing justice.
The Chief Justice also used the platform to reflect on broader global challenges facing the rule of law and human rights protection. He highlighted the shortcomings of the United Nations system, noting that despite the Charter’s mandate to maintain international peace, security, and the protection of human rights, the ongoing genocide in Gaza and the West Bank illustrates the institution’s failure to live up to its obligations.
Chief Justice Maphalala further emphasized that the structure of the United Nations Security Council, particularly the veto powers of the five permanent members, undermines the principle of sovereign equality of states. He observed that this imbalance has allowed narrow national interests to prevail over the Council’s core responsibility to maintain peace and security impartially.
Turning to the African continent, the Chief Justice remarked that while African nations have attained political independence from colonial rule, true economic independence remains elusive. He condemned the persistence of neo-colonial practices, where powerful external actors continue to exploit Africa’s natural resources, leaving its people in poverty despite the continent’s vast wealth. He pointed to ongoing crises in countries such as the Democratic Republic of Congo and Libya as stark examples of this continued exploitation.
In closing, Chief Justice Maphalala expressed gratitude to the Judiciary of South Africa for the invitation to be part of the historic celebration and reaffirmed the commitment of the Southern and Eastern Africa Chief Justices Forum to promoting the rule of law, judicial independence, and human rights across the continent.
“I thank you, and may God bless you,” concluded the Honourable Chief Justice.