info@judiciary.org.sz +268 2404 2901
The Apex Court

Supreme Court of Eswatini

The Final Arbiter of Justice

5 Justices
2 Sessions per Year
1 Final Court
Explore the Court

Introduction

The Supreme Court of Eswatini, established under Section 142 of the Constitution, is the highest appellate and review court in the Kingdom. It ensures consistency in the application of law, interprets the Constitution, and serves as the final arbiter of justice for both civil and criminal matters.

As the apex court in the judicial hierarchy, the Supreme Court's decisions are binding on all lower courts and establish legal precedents that guide the development of Eswatini's legal system.

Composition of the Court

Chief Justice

Presides over the Supreme Court and leads the Judiciary of Eswatini.

Justices

Appointed by His Majesty the King on the advice of the Judicial Service Commission.

Panel Size

Typically comprises the Chief Justice plus at least four other justices.

Sessions

The Court sits in regular sessions, usually in May and November of each year.

Jurisdiction and Powers

Appellate Jurisdiction

  • Final court of appeal from the High Court and the Industrial Court of Appeal
  • No further appeal lies beyond the Supreme Court
  • Authority to hear appeals on matters of law, fact, and mixed law and fact
  • Power to affirm, reverse, or modify decisions of lower courts

Constitutional Jurisdiction

  • Authority to interpret the Constitution and declare legislation unconstitutional
  • Issues advisory opinions on constitutional questions when requested
  • Adjudicates disputes between organs of state regarding constitutional matters
  • Guardian of constitutional rights and freedoms

Supervisory Jurisdiction

  • Reviews decisions of lower courts and tribunals for constitutional compliance
  • Applications must be filed within 25 days of the decision under review
  • Power to issue directions to ensure the proper administration of justice
  • Authority to develop common law and customary law consistent with the Constitution

Appellate Process

1

Notice of Appeal

File within 20 days of the lower court's judgment; cross‑appeals must follow within 15 days of receipt.

2

Record of Appeal

Compile pleadings, judgments, and evidence; certify via the Registrar.

3

Heads of Argument

Submit written submissions at least 20 days before the hearing.

4

Service

Serve all documents on respondents upon filing.

5

Pre‑Hearing Conference

Attend at the Registrar's direction to finalize logistics.

Criminal Appeals

Bail Pending Appeal

Apply first in the High Court; if refused, escalate to the Supreme Court with an affidavit and sureties (Criminal Form 7).

Record Preparation

Include charge sheets, transcripts of proceedings, and judgments.

Death Sentence Review

Mandatory automatic review by the Supreme Court.

Accused Rights

Right to be present unless waived for security or public health reasons; free counsel for murder and treason appeals when indigent.

Civil Appeals

Record Submission

File certified record within 40 days of lodging the appeal; exclude irrelevant material.

Security for Costs

Appellants must provide security for respondents' costs unless exempt (e.g., government entities).

Written Submissions

Heads of argument due 20 days before hearing; respondent replies 15 days prior.

Pauper Appellants

Eligibility

Demonstrate inability to pay fees via affidavit.

Application Process

  1. Submit pauper application to the Registrar.
  2. Registrar assesses financial status and refers to counsel for merit determination.
  3. If approved, state covers fees (excluding record preparation costs).

Free Representation

Granted where counsel certifies substantial grounds for appeal.

New Evidence & Reviews

New Evidence

Admitted only if unavailable during original trial despite due diligence; file via affidavit or oral examination.

  • Must be relevant to the issues in the case
  • Must be credible and potentially impact the outcome
  • Must explain why it was not available at trial
  • Must be filed through proper procedural channels

Reviews

Permitted on grounds of fraud, miscarriage of justice, or after discovery of new evidence; file within 20 days of the impugned decision.

  • Clear demonstration of grounds for review required
  • Strict adherence to filing timelines enforced
  • Full documentation of alleged errors needed
  • Sworn affidavits must support factual claims

Supervisory Jurisdiction

Scope

Constitutional review of lower court or tribunal decisions.

The Supreme Court's supervisory jurisdiction allows it to oversee the functioning of all courts and tribunals to ensure compliance with constitutional principles and proper administration of justice.

Procedure

  1. File an application with affidavit within 25 days of the decision
  2. Attach a copy of the order being challenged
  3. Serve the application on all affected parties
  4. Await directions from the Registrar for hearing dates

Audio-Visual Links in Proceedings

Use Criteria

Criminal Cases

Requires consent of the accused unless delay risks frustration of justice.

Civil Cases

Default unless good reason to require in‑person attendance.

Technical Standards

  • Approved Platforms: Microsoft Teams, Zoom
  • Visual Requirements: Professional conduct and background
  • Camera Policy: Cameras must remain on for judges and counsel
  • Audio Policy: Microphones muted except when speaking

Court Sessions

Regular Sessions

May and November annually.

Special Sessions

Convened by the Chief Justice as needed.

Duration

Typically 2–3 weeks per session; schedules published at the start of each session.

Court Officials

Chief Justice

Head of the Judiciary who presides over the Supreme Court.

Justices

Appointed members of the Supreme Court bench.

Registrar

Administrative head responsible for court operations.

Deputy Registrar

Assists the Registrar in administrative functions.

Court Support Staff

Various personnel supporting court operations.

Access & Etiquette

Public Access

Hearings open to the public subject to space and security.

Security Screening

Mandatory at building entrance.

Recording

Photography and recording prohibited without leave of the Court.

Dress Code

Business attire required.

Courtroom Conduct

Stand when the Court enters/exits; speak only when recognized.

Contact Information

Registrar of the Supreme Court

  • High Court Building, Lusutfu Road, Mbabane, Eswatini
  • P.O. Box 19, Mbabane
  • +268 2404 2901
  • admin@judiciary.org.sz
  • Office Hours: 8:30 AM–1:00 PM & 2:00 PM–4:30 PM (Monday-Friday)

Location

For detailed guidance and case‑specific advice, refer to the full Supreme Court Rules, 2023 (Legal Notice No. 294 of 2023) or consult a qualified legal practitioner.

Need Legal Information?

Explore our resources or contact the Registrar's office for guidance on Supreme Court procedures.

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