Summary
Honourable Chief Justice Bhekie Maphalala of the Kingdom of Eswatini, and Chairperson of the Southern and Eastern Africa Chief Justices’ Forum (SEACJF), delivered a keynote statement during the commemoration of the Constitutional Court of South Africa on 20 June 2025. He commended the Constitutional Court for its role in promoting human rights and freedoms while raising concern over global failures to uphold international justice and equality. The Chief Justice highlighted the ineffectiveness of the United Nations Charter, the persistent impacts of neo-colonialism on Africa, and the troubling rise of political interference in judicial independence across the continent. He called for the protection of judges, the strengthening of judicial independence, and the advancement of true African-led justice systems.
Full Speech
The Chief Justice of the Kingdom of Eswatini and Chairperson of the Southern and Eastern Africa Chief Justices’ Forum (SEACJF), Honourable Justice Bhekie Maphalala, delivered a keynote address during the commemoration of the Constitutional Court of the Republic of South Africa.
In his remarks, Chief Justice Maphalala expressed gratitude to the Judiciary of South Africa for their warm hospitality and praised the Constitutional Court for its milestone achievements in upholding human rights and freedoms through landmark judgments.
Key highlights of his address included:
Global justice shortcomings: Chief Justice Maphalala noted that despite the foundational obligations of the United Nations Charter, its principles of sovereign equality, peace, and respect for human rights have not been upheld. He pointed to the genocide in Gaza and the West Bank as evidence of the UN’s inability to enforce its mandate impartially.
Selective application of international law: The Chief Justice emphasized that the Security Council’s veto power undermines equality among member states, while the International Court of Justice lacks enforcement mechanisms to make its judgments effective.
Africa’s struggle with neo-colonialism: Although African nations have achieved political independence, the Chief Justice lamented that economic independence remains elusive. He cited resource exploitation in countries such as the Democratic Republic of Congo and Libya as examples of ongoing neo-colonial practices that perpetuate poverty.
Judicial independence under threat: Chief Justice Maphalala raised concern over the persecution of judges in Africa who faithfully exercise their constitutional mandate. He decried the rising trend of political interference, including dismissals and disciplinary actions aimed at undermining the judiciary.
Call to action for African judiciaries: Stressing the importance of judicial independence, he described political interference as a “cancerous disease” threatening the rule of law, democracy, and good governance. He urged judiciaries across the continent to stand firm in safeguarding their independence in order to guarantee justice, peace, and security for their people.
In his closing, Chief Justice Maphalala reminded his peers:
“Our silence as Constitutional Judges to the political interference of our judicial mandate is an indictment to our weakness in upholding the human dignity of our judges. Judiciaries have a solemn obligation to maintain their independence in their quest to guarantee justice, peace, and the security of the people.”
The Judiciary of Eswatini reaffirms its commitment, under the leadership of Chief Justice Maphalala, to promoting judicial independence, protecting human rights, and advancing justice both nationally and across the African continent.