Summary
Honourable Chief Justice Bhekie Maphalala of the Kingdom of Eswatini, also serving as Chairperson of the Southern and Eastern Africa Chief Justices’ Forum (SEACJF), delivered a goodwill message at the Opening of the 2025 Judicial Year of the African Court on Human and Peoples’ Rights, held in Arusha, Tanzania. Speaking under the theme “Advancing Justice through Reparations,” the Chief Justice highlighted the importance of addressing historical and ongoing injustices, particularly those arising from slavery, colonialism, land dispossession, and resource exploitation in Africa. He underscored the critical role of national, sub-regional, and continental courts in promoting reparatory justice, citing landmark African Court and Commission decisions as guiding models for effective reparations. Chief Justice Maphalala called for a unified African approach to reparations and urged judiciaries to ensure remedies are proportional, adequate, and effectively implemented.
Full Speech
Honourable Chief Justice Bhekie Maphalala of the Kingdom of Eswatini, also Chairperson of the Southern and Eastern Africa Chief Justices’ Forum (SEACJF), delivered a keynote statement during the Opening of the 2025 Judicial Year of the African Court on Human and Peoples’ Rights. The event was convened under the theme “Advancing Justice through Reparations.”
Chief Justice Maphalala began by acknowledging the significance of reparations as a pressing human rights issue in the 21st century, especially in Africa where injustices from colonialism, slavery, discrimination, and exploitation continue to shape societies.
Key points from his address included:
Historical and ongoing injustices: Reparations claims in Africa stem from deep-rooted injustices, including land dispossession, natural resource exploitation, and cultural appropriation. Chief Justice Maphalala referenced important milestones such as the 1993 Abuja Proclamation, the 2001 Durban Declaration, and the 2023 Accra Proclamation, all of which reinforced the call for reparatory justice.
Judiciaries as vanguards of reparatory justice: National courts, sub-regional courts, and continental human rights institutions must play a central role in advancing reparations. The judiciary is uniquely positioned to ensure accountability and justice for victims of historical and intergenerational wrongs.
Landmark African decisions:
In the Ogiek case (Kenya), the African Court awarded reparations in 2022 for long-standing injustices suffered by the Ogiek people.
In the Batwa case (Democratic Republic of Congo), the African Commission in 2022 recommended reparations for the Batwa people, recognizing the violations they endured.
These decisions serve as guiding models for addressing historical injustices across Africa.
Developing a unified African approach: Chief Justice Maphalala emphasized the need for national judiciaries to adapt comparative jurisprudence to Africa’s realities, balancing individual and collective remedies while ensuring effective implementation of reparation decisions.
Forms of reparations: He highlighted the importance of embracing both monetary and non-monetary remedies, ensuring they are proportional to the harm suffered. He also acknowledged the complex challenges posed by historical injustices, such as identifying victims, measuring harm, and navigating legal constraints like statutes of limitation.
In his conclusion, Chief Justice Maphalala affirmed the shared responsibility of African judiciaries in shaping reparatory justice:
“As national judiciaries, we join hands with all participants to contribute to the discourse on our shared responsibility to advance justice through reparations and to be a beacon of hope for all those seeking redress.”
The Judiciary of Eswatini, under the leadership of Chief Justice Maphalala, stands committed to advancing justice, protecting human rights, and supporting continental efforts to ensure meaningful reparations for historical and intergenerational injustices.