The Apex Court

Supreme Court of Eswatini

The final court of appeal of Eswatini. Its composition is governed by section 145 of the Constitution, and its appellate, review and supervisory jurisdiction by sections 146 to 148.

5Full Bench
2Sessions / Year
1Final Court

Introduction

The Supreme Court of Eswatini is the final court of appeal. It is established and constituted under Part 2(a) of Chapter VIII of the Constitution: its composition is governed by section 145, and its appellate, review and supervisory jurisdiction by sections 146 to 148 and any other applicable law. 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.

The entrance to the court building in Mbabane
The court building on Hospital Hill, Mbabane.

Composition of the Court

Hon. Chief Justice Bhekie M. C. Maphalala
Hon. Chief Justice Bhekie M. C. MaphalalaChief Justice of the Kingdom of Eswatini

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.

Composition

The Court consists of the Chief Justice and not fewer than four other Justices (Constitution, section 145(1)).

Sitting Panel

For its ordinary work the Court is duly constituted by not fewer than three Justices; a full bench consists of five Justices (Constitution, section 145(2) and (3)).

Sessions

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

Jurisdiction and Powers

  • 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

Appellate Process

Governing rules The steps, time limits and procedural requirements set out in this section and the sections that follow are a public summary of practice under the Supreme Court Rules (Legal Notice 294 of 2023). They are being verified rule by rule. The Constitution, the Rules and any practice directive prevail over this summary, and a party should confirm the applicable period with the Registrar or a legal practitioner before filing.

  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, the 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 the 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

Criminal Cases

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

Civil Cases

Default unless there is 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 are open to the public subject to space and security.

Security Screening

Mandatory at the building entrance.

Recording

Photography and recording are prohibited without leave of the Court.

Dress Code

Business attire required.

Courtroom Conduct

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

Contact Information

Registrar of the Supreme Court

AddressSupreme Court Building, Mbabane (Former Central Bank of Eswatini)
PostalP.O. Box 19, Mbabane
Office HoursMonday to Friday: 8:00 AM – 4:30 PM