ESWATINI’S JUDICIARY: A TOOL OF OPPRESSION OR A PATH TO JUSTICE?
In Eswatini, the judiciary holds the potential to be a cornerstone of justice, a defender of human rights, and a check on executive overreach. Yet, under the current regime, it has increasingly become a tool of oppression, serving the interests of the monarchy rather than the people. By September 2022, the judiciary’s complicity in the persecution of activists, opposition figures, and ordinary citizens had reached troubling levels, further undermining trust in the legal system and eroding hope for accountability.
The role of the judiciary in Eswatini’s authoritarian system is deeply compromised. While the constitution guarantees the independence of the judiciary, the reality is far different. Judges are often appointed based on their loyalty to the monarchy, and their decisions frequently reflect the interests of the state rather than adherence to the rule of law. This lack of judicial independence enables the regime to use the courts as an extension of its repressive apparatus, targeting critics and dissenters with trumped-up charges and unfair trials.
One of the most egregious examples of this is the case of Members of Parliament Mduduzi Bacede Mabuza and Mthandeni Dube. Arrested in July 2021 for advocating political reform, the two MPs faced charges of terrorism and sedition under the Suppression of Terrorism Act (STA) and the Sedition and Subversive Activities Act (SSA). Their trial was emblematic of the judiciary’s role in suppressing dissent. Allegations of torture, denial of access to legal representation, and the use of coerced confessions as evidence highlighted the systemic flaws in Eswatini’s legal system. Despite these violations, the courts upheld their detention, demonstrating their alignment with the monarchy’s agenda.
Beyond high-profile cases, the judiciary has also failed to protect the rights of ordinary citizens. Activists, union leaders, and community organizers who find themselves detained on spurious charges often face prolonged periods in custody without trial. In many instances, bail applications are denied without justification, leaving individuals to languish in overcrowded and unsanitary detention facilities. For those who do make it to court, the odds are stacked against them, as judges frequently side with the state, regardless of the evidence presented.
The judiciary’s complicity extends beyond criminal cases. In matters of land disputes, for example, courts often rule in favor of the monarchy or its allies, even when it means displacing vulnerable communities. Forced evictions in areas like Sigombeni and the Malkerns illustrate how the judiciary prioritizes the interests of the powerful over the rights of ordinary Swazis. These decisions have devastating consequences, leaving families homeless and without recourse.
This failure of the judiciary to uphold justice is not only a domestic issue but also a violation of international law. Eswatini is a signatory to several human rights treaties, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. These agreements obligate the government to ensure fair trials, protect against arbitrary detention, and uphold the independence of the judiciary. However, the state’s actions, facilitated by a compromised legal system, are in direct violation of these commitments.
Despite these challenges, there are individuals within the judiciary and legal profession who continue to fight for justice. Human rights lawyers, often working under immense pressure and at great personal risk, have been instrumental in challenging the state’s abuses. Their work provides a glimmer of hope, demonstrating that change is possible even within a deeply flawed system.
The international community also has a role to play in addressing Eswatini’s judicial failures. Regional bodies like the Southern African Development Community (SADC) and global human rights organizations must pressure the monarchy to reform its legal system and uphold its obligations under international law. Supporting independent legal professionals and providing resources for accountability initiatives are critical steps toward building a judiciary that serves the people rather than the state.
As an activist, I believe in the transformative power of justice. A fair and independent judiciary is not only a cornerstone of democracy but also a safeguard for the rights and dignity of every citizen. Eswatini’s legal system must undergo fundamental reform to fulfill its true purpose: protecting the people and ensuring accountability for those who abuse their power.
The judiciary has a choice to make. It can continue to serve as a tool of oppression, perpetuating the monarchy’s control, or it can become a path to justice, standing with the people of Eswatini in their fight for freedom. The struggle for democracy will not be complete without a legal system that reflects the values of fairness, equality, and accountability. For the future of our nation, we must demand nothing less. Together, we can build a judiciary that upholds justice and inspires hope, laying the foundation for a free and democratic Eswatini.
