Official Address
The Role of the Judiciary in Preventing Conflicts and Advancing Human Rights in Africa
A Statement by Honourable Chief Justice Bhekie Maphalala on Judicial Responsibility, Human Rights, and Complementarity with Regional and International Courts
Summary
Delivered in Arusha, Tanzania, the statement highlights the central role of the judiciary in preventing conflicts that often lead to gross human rights violations, and urges stronger African-led solutions through the African Union, regional courts, and continental justice systems.
Full Address
Arusha, Tanzania. Honourable Chief Justice Bhekie Maphalala of the Kingdom of Eswatini delivered a powerful statement on the judiciary’s role in addressing political conflicts and human rights abuses in Africa.
Speaking at a judicial gathering, the Chief Justice stressed that while regional and international courts such as the African Court on Human and Peoples’ Rights, the East African Court of Justice, and the International Criminal Court (ICC) play an important role in advancing justice, the responsibility primarily lies with domestic courts.
He noted that
Domestic courts as guardians of rights: National judiciaries have the constitutional duty to confront human rights violations, punish perpetrators of war crimes and genocide, and provide redress for victims.
Conflict and human rights abuses: Political conflicts, civil wars, and unconstitutional coups have undermined justice across Africa, often leading to systematic discrimination, resource struggles, refugee crises, sexual violence, and the collapse of judicial institutions.
International complementarity: The ICC, established in 2002, is a court of last resort that intervenes when states are unable or unwilling to prosecute grave crimes. It complements domestic judicial systems but has faced criticism for perceived bias against African states.
African-led justice solutions: Chief Justice Maphalala cautioned against over-reliance on foreign-driven solutions, noting that many of the same nations promoting democracy today were historically responsible for slavery and colonialism in Africa.
We have a divine duty as Africans to develop and strengthen the African Union, regional institutions, and continental courts in order to dispense justice and strengthen the culture of human rights across the continent.
The Judiciary of Eswatini echoes this commitment, recognizing the judiciary as a cornerstone in the prevention of conflict, the protection of human rights, and the building of lasting peace and justice in Africa.