Summary
Honourable Chief Justice Bhekie Maphalala delivered a statement in Arusha, Tanzania, highlighting the central role of the judiciary in preventing conflicts that often lead to gross human rights violations. He emphasized the duty of domestic courts to uphold constitutional protections, provide accountability, and deliver justice to victims of atrocities. While acknowledging the contributions of regional and international institutions such as the African Court on Human and Peoples’ Rights and the International Criminal Court (ICC), the Chief Justice urged for stronger African-led solutions to address the continent’s challenges. He called for strengthening the African Union, regional courts, and continental justice systems to build a sustainable culture of human rights and justice across Africa.
Full Speech
Speaking at a judicial gathering, the Chief Justice stressed that while regional and international courts such as the African Court on Human and Peoples’ Rights, the East African Court of Justice, and the International Criminal Court (ICC) play an important role in advancing justice, the responsibility primarily lies with domestic courts.
He noted that:
Domestic courts as guardians of rights: National judiciaries have the constitutional duty to confront human rights violations, punish perpetrators of war crimes and genocide, and provide redress for victims.
Conflict and human rights abuses: Political conflicts, civil wars, and unconstitutional coups have undermined justice across Africa, often leading to systematic discrimination, resource struggles, refugee crises, sexual violence, and the collapse of judicial institutions.
International complementarity: The ICC, established in 2002, is a court of last resort that intervenes when states are unable or unwilling to prosecute grave crimes. It complements domestic judicial systems but has faced criticism for perceived bias against African states.
African-led justice solutions: Chief Justice Maphalala cautioned against over-reliance on foreign-driven solutions, noting that many of the same nations promoting democracy today were historically responsible for slavery and colonialism in Africa.
In his conclusion, Chief Justice Maphalala reaffirmed that Africa must strengthen its own institutions:
“We have a divine duty as Africans to develop and strengthen the African Union, regional institutions, and continental courts in order to dispense justice and strengthen the culture of human rights across the continent.”
The Judiciary of Eswatini echoes this commitment, recognizing the judiciary as a cornerstone in the prevention of conflict, the protection of human rights, and the building of lasting peace and justice in Africa.