Foundation of Justice
Magistrate Courts
Delivering accessible justice to communities across Eswatini with efficiency, fairness and integrity. Magistrate Courts are the primary courts of first instance, handling the majority of civil and criminal cases.
8+Court Locations
1907Established
TieredCivil Limits
Introduction
Magistrate Courts are the primary courts of first instance in Eswatini, handling the majority of civil and criminal cases. These courts are distributed throughout the country to ensure accessible justice for all citizens.
Court Locations
Magistrate Courts operate in centres across all four regions of the Kingdom.
Manzini
Nhlangano
Hluthi
Siteki
Simunye
Pigg's Peak
Big Bend
Jurisdiction and Powers
Understanding the scope and limitations of Magistrate Courts in Eswatini.
Criminal Jurisdiction
Can impose sentences up to 10 years’ imprisonment or fines not exceeding E50,000 · Handles summary offences and indictable offences triable summarily · May refer cases beyond its sentencing limits to the High Court.
Civil Jurisdiction
The jurisdiction of magistrate’s courts in civil matters is set by section 16 of the Magistrate’s Courts Act. The amounts published in the Judiciary’s legal library are those quoted in Practice Directive 2/2011: E30,000 in a principal magistrate’s court, E20,000 in a senior magistrate’s court and E10,000 in any lower magistrate’s court · Hears contract disputes, property matters and personal injury claims within those limits · Land disputes above the prescribed value and specialised matters are reserved for higher courts.
Special Jurisdictions
Applications for protection orders under the Sexual Offences and Domestic Violence Act, 2018 (Act No. 15 of 2018) · Maintenance and child custody matters in accordance with applicable legislation · Small claims proceedings for qualifying civil claims up to E20,000.
Jurisdictional amounts: verification in progress The jurisdictional amounts on this page are those published in the Judiciary’s own legal library: the civil limits are quoted in Practice Directive 2/2011, which reproduces section 16 of the Magistrate’s Courts Act as amended in 2011. Any later amendment or Legal Notice altering those amounts, and the source for the sentencing limits shown above, are being verified and will be published beside this statement. Confirm the current limits with the court registry before filing.
Court Procedures
A guide to navigating Magistrate Court procedures.
- Arrest and charge
- First appearance and plea
- Bail application
- Trial process with evidence presentation
- Sentencing hearing
- Filing a claim at the court registry
- Service of documents on the respondent
- Pre-trial conference or case management
- Trial procedure and witness testimony
- Judgment, costs assessment, and enforcement actions
- Protection orders under the Sexual Offences and Domestic Violence Act, 2018 (Act No. 15 of 2018)
- Maintenance applications for children and spouses
- Eviction proceedings under the Rent Control Act
Appeals Process
How to appeal Magistrate Court decisions to the High Court. The period for noting an appeal is different in civil and in criminal matters.
Civil appeals
An appeal may be noted within 30 days after the date of the judgment appealed against, or within 14 days after the judicial officer delivers a written judgment to the clerk of the court following a request under rule 1, whichever period is longer (Magistrate Court Rules, Order XXX rule 2(1)). A written judgment may be requested in writing by any party within four days after judgment and before noting the appeal, on payment of the prescribed fee (Order XXX rule 1(1)). A cross-appeal is noted within eight days after delivery of the notice of appeal (Order XXX rule 2(3)).
Criminal appeals
An accused person wishing to appeal against a conviction or sentence in a criminal case must note the appeal within 14 days after that conviction or sentence, by lodging with the clerk a written statement setting out clearly and specifically the grounds on which the appeal is based (Magistrate Court Rules, Order XXXVI rule 1(1)).
Where another statute or a special procedure applies to your matter, obtain legal advice on the period that governs it.
Note the appeal in time
Within 30 days, or 14 days, whichever is longer, in a civil matter (Order XXX rule 2(1)); within 14 days of conviction or sentence in a criminal matter (Order XXXVI rule 1(1)).
Prepare and lodge the court record
Compile the transcripts and documents from the original proceedings.
Submit appeal documents and fees
Lodge the documents with the prescribed fees.
High Court hearing date set
The Registrar allocates a hearing date.
Judgment on appeal delivered
The High Court delivers its judgment on the appeal.
Court Officials and Their Roles
Principal Magistrate
Oversees administrative functions, assigns magistrates, and manages court performance.
Senior Magistrates
Preside over serious criminal and high-value civil matters, and mentor magistrates.
Magistrates
Handle day-to-day case management and specialized applications.
Court Clerks
Maintain records, manage filings, and provide public assistance.
Prosecutors
Present criminal cases for the State and liaise with police.
Frequently Asked Questions
Navigate the legal process with confidence. Find answers to common questions about Magistrate Court procedures, requirements, and services.
What are the operating hours of Magistrate Courts?
Magistrate Courts operate Monday to Friday, 08:00–16:00, excluding public holidays.
What is the civil claim limit in a Magistrate Court?
The limit depends on the court. The amounts published in the Judiciary’s legal library are those quoted in Practice Directive 2/2011, which reproduces section 16 of the Magistrate’s Courts Act as amended in 2011: E30,000 in a principal magistrate’s court, E20,000 in a senior magistrate’s court and E10,000 in any lower magistrate’s court. Confirm the current limit with the court registry before filing. Claims under E20,000 may be brought in the Small Claims Court using a simplified procedure.
What sentences can a Magistrate impose?
Magistrate Courts can impose sentences up to 10 years’ imprisonment or fines not exceeding E50,000. Cases requiring heavier sentences are referred to the High Court.
How long do I have to appeal a Magistrate Court decision?
That depends on whether the matter is civil or criminal. In a civil matter an appeal may be noted within 30 days after the date of the judgment, or within 14 days after a written judgment requested under Order XXX rule 1 is delivered to the clerk, whichever period is longer (Magistrate Court Rules, Order XXX rule 2(1)). In a criminal matter an accused person must note the appeal within 14 days after conviction or sentence (Order XXXVI rule 1(1)). Appeals from Magistrate Courts are heard by the High Court.
Where do I apply for a protection order?
Applications for protection orders under the Sexual Offences and Domestic Violence Act, 2018 (Act No. 15 of 2018) are made at your nearest Magistrate Court registry.
Can I apply for maintenance at a Magistrate Court?
Yes. Magistrate Courts hear maintenance applications for children and spouses, as well as custody disputes.