Commercial Division

Commercial Court of Eswatini

A division of the High Court established under Practice Directive 1/2021 to resolve commercial disputes expeditiously.

2021Established
PD 1/2021Directive
2 daysDesignation

Introduction

The Commercial Court is a division of the High Court established to resolve commercial disputes expeditiously. It operates under the High Court Rules unless otherwise specified in the directive. The court’s mandate is to ensure efficient resolution of complex commercial matters affecting businesses in Eswatini.

A Specialized Approach to Business Disputes

The Commercial Court was established under Practice Directive 1/2021 to provide businesses and commercial entities with a dedicated judicial forum focused on commercial law expertise and expedited dispute resolution.

Established Under

Practice Directive 1/2021

Issued Date

06 October 2021

Legal Foundation

Constitution of Eswatini (Sections 139(5), 142, 153, 154)

Practice Directive 1/2021 The full Practice Directive is available for download from the Legislation & Rules page.

Key Features

Specialized Judges

Appointed by the King on advice of the Judicial Service Commission. Judges must meet the same qualifications as High Court Judges (Constitution, Section 154).

Public Proceedings

Hearings are conducted openly unless restricted by constitutional provisions.

Court of Record

Proceedings are documented and maintained by the Assistant Registrar.

Expedited Process

Streamlined procedures designed for swift resolution of commercial disputes.

Commercial Focus

Dedicated exclusively to business-related legal matters and disputes.

Specialized Expertise

Judges with particular knowledge of commercial law and business practices.

Jurisdiction

The Commercial Court handles disputes arising from commercial transactions, including but not limited to:

  • Export / import of goods
  • Banking, insurance, and financial services
  • Intellectual property (trademarks, copyright)
  • Company law matters (Companies Act interpretation)
  • Commercial contracts and mercantile documents
  • Business rescue and insolvency cases
  • Arbitration disputes
  • Unlawful competition
  • Oil / gas exploitation (non-administrative law aspects)
  • Medical scheme services

Case Allocation

Designation Process

  1. Application for Designation

    Any party may apply to the Registrar of the High Court to classify a case as a commercial dispute.

  2. Submission Requirements

    Submit a letter detailing the case’s nature and legal basis for designation.

  3. Administrative Decision

    The Registrar consults the Chief Justice to assign the case to a Commercial Court Judge.

Urgent Applications Urgent applications must include a letter justifying urgency. The Registrar rules on designation immediately.

Action Proceedings

Summons Issuance

File at the High Court.

Application for Commercial Designation

Submit to the Registrar with notice to all parties.

Registrar’s Ruling

Made within 2 days of application.

Review Option

Parties may challenge the Registrar’s decision via motion proceedings before a High Court Judge.

Application Proceedings

  1. Motion Proceedings

    Initiated in the High Court.

  2. Transfer Request

    Apply to the Registrar to move the case to the Commercial Court.

  3. Timeline Management

    The Judge sets deadlines for:

    • Affidavit submissions
    • Heads of Argument
    • Hearing dates

Pre-Trial Conference

Timing

Held within 5 days of case allocation.

Key Agenda Items

  • Legal issues for determination
  • Number of witnesses (including experts)
  • Estimated trial duration
  • Non-contested legal issues

Outcome

A signed Pre-Trial Conference Minute becomes part of the court record.

Expert Evidence

Expert Meeting

The Presiding Judge convenes experts to file joint reports.

Joint Minute

Experts must outline agreed and disputed issues and the legal grounds for disagreements.

Clarity

Clarity on technical matters.

Speed

Expedited proceedings.

Agreed Facts

Identification of agreed facts.

Focused Argument

Focused legal argumentation.

Urgent Applications

  1. Submission

    File with a detailed urgency justification.

  2. Registrar’s Decision

    Immediate ruling on commercial dispute designation.

  3. Case Allocation

    The Registrar and Chief Justice assign the matter to a Judge promptly.

Criteria for Urgency

  • Immediate harm or prejudice
  • Time-sensitive commercial matters
  • Need for immediate injunctive relief
  • Substantial economic impact

Appeals

Appeal route: Appeals from Commercial Court judgments go to the Supreme Court.

Procedure: Follows standard Supreme Court appeal rules.

Contact Information

Registrar of the High Court

AddressCommercial Court, Nokwane, RSTP Bio-Technology Park Building
HoursMonday–Thursday: 8:00 AM – 4:30 PM · Friday: 8:00 AM – 3:30 PM

Commercial Court Enquiry