In Swaziland, despite constitutional guarantees and safeguards, the judiciary is not independent. The executive does not consistently respect the principle of judicial independence. Further, among other things, the King controls judicial appointments and there have been concerns about the independence of procedures related to judicial accountability, as well as about judges upholding the integrity of their office.

The right to legal representation is not always guaranteed, and the ICJ has received reports of intimidation, harassment and interference with the work of lawyers in Swaziland. Among other things, lawyers’ freedom of expression is not always respected either, and concerns have been raised regarding the implementation of disciplinary proceedings.

Reportedly, the prosecutorial services have instituted or continued proceedings against private citizens for political reasons. As regards legal education, the emphasis is on commercial law, at the expense of human rights training.


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