Criminal Division
Serious criminal offences · Complex criminal matters · Criminal appeals from lower courts.
Superior Court of Record
High Court of Eswatini
A superior court of record with the original, appellate and revisional jurisdiction conferred by section 151 of the Constitution. Its otherwise unlimited original jurisdiction is subject to the exclusions in section 151(3). Established in 1954, it handles serious criminal cases, complex civil disputes, and appeals from subordinate courts.
5Divisions
1954Established
3Terms / Year
Introduction
The High Court of Eswatini is a superior court of record. It has the original, appellate and revisional jurisdiction conferred by section 151 of the Constitution and other applicable law; its otherwise unlimited original civil and criminal jurisdiction is subject to the exclusions in section 151(3), including matters in which the Industrial Court has exclusive jurisdiction. Established in 1954, it serves as an integral part of the Kingdom’s judicial system, handling serious criminal cases, complex civil disputes, and appeals from subordinate courts.
Establishment of the High Court
The High Court of Eswatini is established as a superior court of record.
Post-Independence Reforms
The court is restructured following the Kingdom’s independence.
Constitutional Restructuring
The adoption of the Constitution strengthens judicial independence and reforms the court structure.
Modern Judicial Framework
Continued modernization of procedures, digital case management and specialized divisions.
Jurisdiction and Powers
The High Court has extensive jurisdiction as provided by the Constitution and other laws.
- Unlimited original jurisdiction in civil and criminal matters, subject to section 151(3) and other applicable law
- Serious criminal offences (murder, treason, etc.)
- Constitutional matters, and the enforcement of the fundamental human rights and freedoms guaranteed by the Constitution (section 151(2))
- Administrative law cases
Exclusions under section 151(3). The High Court has no original or appellate jurisdiction in any matter in which the Industrial Court has exclusive jurisdiction. It has no original jurisdiction, but retains review and appellate jurisdiction, in matters in which a Swazi Court or a Court Martial has jurisdiction. In a trial for the offence of treason, the High Court has no power to convict a person of an offence other than treason (section 151(4)).
- Appeals from Magistrate Courts
- Appeals from specialized tribunals
- Review of administrative decisions
- Applications for judicial review
- Oversight of all subordinate courts
- Judicial review of administrative actions
- Enforcement of fundamental rights
- Issuance of prerogative writs (mandamus, certiorari, prohibition)
Court Divisions
The High Court operates through specialized divisions to enhance efficiency and expertise. There shall be such divisions of the High Court, consisting of such number of Justices, as the Chief Justice may determine after consultation with the Minister responsible for Justice and the President of the Law Society (Constitution, section 150(6)).
Source for divisions The Commercial Court division is established by Practice Directive 1/2021. The establishing instrument for each of the other divisions listed below is being confirmed for publication in the Legislation & Rules library.
Civil Division
Complex civil litigation · Contractual disputes · Torts and damages claims.
Commercial Division
Business and commercial disputes · Corporate law matters · Banking and financial cases.
Constitutional Division
Constitutional interpretations · Enforcement of fundamental rights · Constitutional petitions.
Family Division
Divorce and matrimonial causes · Child custody and maintenance · Adoption and guardianship.
Court Procedures
Understanding the processes and procedures of the High Court.
Filing a case
Submit pleadings with required documentation and fees to the Registry.
Pleadings process
Exchange of statement of claim, defence, and counterclaims between parties.
Pre-trial conference
Meeting to narrow issues, discuss settlement, and plan for trial.
Trial procedure
Presentation of evidence, witness testimony, and legal arguments.
Judgment and enforcement
The court’s decision and mechanisms for enforcement if necessary.
Committal proceedings
Preliminary examination of evidence to determine if the case should proceed to trial.
Plea taking
The accused person’s formal response to the charges (guilty / not guilty).
Trial process
Prosecution and defence present their cases before the court.
Evidence presentation
Examination of witnesses, documents, and other evidence.
Sentencing
Determination of appropriate punishment if found guilty.
Filing notice of appeal
On appeal from a Magistrate Court: within 30 days after the date of judgment, or within 14 days after a requested written judgment is delivered to the clerk, whichever period is longer, in a civil matter (Magistrate Court Rules, Order XXX rule 2(1)); within 14 days of conviction or sentence in a criminal matter (Order XXXVI rule 1(1)). Periods for appeals from other courts and tribunals are set by the instrument governing that court or tribunal.
Record preparation
Compilation of court transcripts and relevant documents.
Hearing process
Appellate arguments presented by both parties before the court.
Judgment delivery
The court’s decision on the appeal, which may affirm, reverse, or modify the original judgment.
Court Calendar and Terms
The High Court operates on a term basis throughout the year.
First Term
January to March — First Session Matters.
Vacation
April — emergency and urgent matters only.
Second Term
May to August — Second Session Matters.
Vacation
August — emergency and urgent matters only.
Third Term
September to December — Third Session Matters.
Vacation
December — emergency and urgent matters only.
Contact Information
LocationHigh Court Building, Hospital Hill, Mbabane
Postal AddressP.O. Box 19, Mbabane
Phone+268 2404 2901 / +268 2404 3286
HoursMonday to Friday: 8:00 AM – 4:30 PM