The independence of the judiciary continues to be undermined by the executive and police officials in Swaziland.
In November 2002, the rule of law experienced a major crisis due to the Government’s refusal to recognize court rulings.
Court of Appeal judges resumed work only two years later, in November 2004, thereby providing hope that the crisis would be overcome. However, despite the drafting of a new constitution, the absence of a separation of powers (which is being monopolized by the King and his councillors), combined with impunity and a failure to conduct investigations or provide access to justice, has led to the rule of law being severely undermined.
A new Constitution, which had been in the process of being drafted since 1996, was finally adopted in July 2005.
Swaziland-Attacks on Justice-Publication-2008 (full text, PDF)Attacks on Justice 2005Publications