Legal System of Eswatini

Eswatini is located in Africa. It is geographically situated in southern africa, between mozambique and south africa. The country achieved independence on 6 september 1968 (from the uk). The capital is Mbabane (administrative capital); Lobamba (royal and legislative capital).

Government Overview

Government Type: absolute monarchy Chief of State: King MSWATI III (since 25 April 1986) Head of Government: Prime Minister Russell DLAMINI (since 6 November 2023) Cabinet: Cabinet recommended by the prime minister, confirmed by the monarch; at least one-half of the cabinet membership must be appointed from among elected members of the House of Assembly Administrative Divisions: 4 regions; Hhohho, Lubombo, Manzini, Shiselweni National Holiday: Independence Day (Somhlolo Day), 6 September (1968) Suffrage: 18 years of age

Legal System

The legal system of Eswatini is described as mixed system of civil, common, and customary law International Law: accepts compulsory ICJ jurisdiction with reservations; non-party state to the ICCt

Constitutional Framework

The constitution has the following history: previous 1968, 1978; latest signed by the king 26 July 2005, effective 8 February 2006 Amendment Process: proposed at a joint sitting of both houses of Parliament; passage requires majority vote by both houses and/or majority vote in a referendum, and assent of the king; passage of amendments affecting “specially entrenched” constitutional provisions requires at least three-fourths majority vote by both houses, passage by simple majority vote in a referendum, and assent of the king; passage of “entrenched” provisions requires at least two-thirds majority vote of both houses, passage in a referendum, and assent of the king

Judicial Branch

Highest Court(s): Supreme Court (consists of the chief justice and at least 4 justices) and the High Court (consists of the chief justice ex officio and 4 justices) Judge Selection: justices of the Supreme Court and High Court appointed by the monarch on the advice of the Judicial Service Commission (JSC), a judicial advisory body consisting of the Supreme Court Chief Justice, 4 members appointed by the monarch, and the chairman of the Civil Service Commission; justices of both courts eligible for retirement at age 65 with mandatory retirement at age 75 Subordinate Courts: magistrates’ courts; National Swazi Courts for administering customary/traditional laws (jurisdiction restricted to customary law for Swazi citizens)

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: House of Assembly (74 (59 directly elected; 4 indirectly elected; 10 appointed) seats) Electoral System (Lower Chamber): plurality/majority Upper Chamber: Senate

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: both parents must be citizens of Eswatini Suffrage: 18 years of age

Historical Background

A Swazi kingdom was founded in the mid-18th century and ruled by a series of kings, including MSWATI II, a 19th century ruler whose name was adopted for the country and its predominant ethnic group. European countries defined the kingdom’s modern borders during the late-19th century, and Swaziland (as it became known) was administered as a UK high commission territory from 1903 until its independence in 1968.

This article provides a summary of the legal system and governmental structure of Eswatini based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.