JUDICIAL CRISIS IN ESWATINI: DELAYS IN APPOINTING JSC PARALYZE COURTS

The judiciary in Eswatini is facing a severe crisis, as delays in appointing the Judicial Service Commission (JSC) have left courts struggling with a growing backlog of cases. King Mswati III’s alleged deliberate postponement of appointing the JSC has compromised the operations of Magistrate Courts, the Small Claims Courts, and the Master of the High Court, leaving citizens without access to timely justice.

The JSC, which is responsible for the appointment of Judges, Magistrates, and other judicial officers, has remained unfilled for months. This delay has stalled the renewal of contracts for acting judges and magistrates, leaving courts across the country understaffed and unable to manage their caseloads. Major judicial hubs like Mbabane, Manzini, Big-Bend, Simunye, and Pigg’s Peak are overwhelmed, with some cases delayed for years.

The backlog has real consequences for ordinary Swazis. A bank employee, speaking anonymously for fear of repercussions, shared her struggle to secure a Peace Binding order at the Manzini Magistrate Court for over a year. “After endless postponements, I was then told that Magistrate Lokotfwako’s contract had expired. This delay affected me because at work they are now questioning why every month I must be in court,” she explained. Her case reflects the frustration and suffering of many citizens whose lives are disrupted by a judiciary that is failing to function.

The King’s Spokesperson, Percy Simelane, attributed the delay in appointing the JSC to the complexities of the process. “Our experience is that there is no calendar date for the appointments in question, and pooling such a team is a process, not an occasion,” Simelane stated. However, critics argue that this explanation is insufficient, as the prolonged delay exacerbates systemic inefficiencies and denies citizens access to justice.

Sources have suggested that the delay may be linked to an ongoing plot to remove Chief Justice Bheki Maphalala. The King is reportedly weighing whether to replace Maphalala, further complicating the appointment process. Efforts to reach Chief Justice Maphalala for comment were unsuccessful, leaving questions about his future and the impact of this uncertainty on the judiciary unanswered.

Human rights lawyer Sibusiso Nhlabatsi described the delay as illegal, highlighting the damage it has caused to the judicial system. “It is illegal for the Judiciary to function without the Judicial Service Commission. Permanent Judges and Magistrates are facing a backlog of cases, compromising the quality of judgments. Acting Judges and Magistrates, some of whom are now sitting at home, were assisting in handling cases to avoid this backlog,” Nhlabatsi explained. His comments underscore the urgency of resolving this crisis.

The lack of an operational JSC has also crippled the Small Claims Courts and the Master of the High Court Offices, further limiting access to justice for ordinary Swazis. These delays are especially harmful to those seeking resolutions to disputes or legal protections, many of whom cannot afford extended court battles.

The crisis in the judiciary is unfolding against the backdrop of King Mswati’s ongoing participation in the Incwala ritual ceremony, a cultural tradition that has kept him in seclusion. While the monarchy prioritizes traditional ceremonies, the judiciary—an essential pillar of governance—is left to flounder, highlighting the disconnect between the regime’s actions and the needs of the people.

Eswatini’s judiciary, already strained by political interference and resource limitations, is now on the brink of collapse. The delay in appointing the JSC reflects a broader failure of governance, where the rights of citizens are secondary to the political calculations of the monarchy. This crisis not only undermines the rule of law but also erodes public trust in the judicial system.

The people of Eswatini deserve a judiciary that is functional, impartial, and capable of delivering timely justice. The delay in appointing the JSC must be addressed urgently, and the system must be reformed to prioritize the needs of citizens over political interests. The current situation is unsustainable, and without swift action, the consequences for the nation will be profound. Justice delayed is justice denied, and the people of Eswatini can no longer afford to wait.