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Swaziland: Financial independence of the judiciary

On 16/06/2014 in

At the institutional level, international standards make clear that it is the duty of the State to provide adequate resources to enable the judiciary to properly perform its functions.[1] As a safeguard of judicial independence, the courts’ budget shall be prepared “in collaboration with the judiciary having regard to the needs and requirements of judicial administration”.[2]

Furthermore, the remuneration and pensions of judges must be secured by law at an adequate level[3] that is consistent with their status[4] and is sufficient to safeguard against conflict of interest and corruption.

The ICJ notes that the Constitution includes safeguards of financial independence that are consistent with international standards. In particular it states that the judiciary is independent in its administrative functions, including its financial administration; the administrative expenses are to be charged on the Consolidated Fund and the judiciary is to keep its own finances and administer its own affairs, being authorized to deal directly with the ministry responsible for finance or any other person in relation to its finances.[5]

The ICJ does not currently have information regarding the application of these Constitutional provisions in practice.

 

Footnotes    (↵ returns to text)

  1. 1. UN Basic Principles on the Independence of the Judiciary, Principle 7;

    It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.

    Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Adopted by the African Commission on Human and People’s Rights, Article A.4(v);

    States shall endow judicial bodies with adequate resources for the performance of its their
    functions. The judiciary shall be consulted regarding the preparation of budget and its
    implementation.

    Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), Article 33.

    It shall be a priority of the highest order for the State to provide adequate resources to allow for the due administration of justice, including physical facilities appropriate for the maintenance of judicial independence, dignity and efficiency; judicial and administrative personnel; and operating budgets.

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  2. 2. Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), ”Article

    The budget of the courts shall be prepared by the competent authority in collaboration with the judiciary having regard to the needs and requirements of judicial administration.

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  3. 3. Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Adopted by the African Commission on Human and People’s Rights, Article A.4(m).

    The tenure, adequate remuneration, pension, housing, transport, conditions of physical and social security, age of retirement, disciplinary and recourse mechanisms and other conditions of service of judicial officers shall be prescribed and guaranteed by law.

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  4. 4. UN Basic Principles on the Independence of the Judiciary, Principle 11;

    The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.

    Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), Article 16(a) ”Article

    The term of office of the judges, their independence, security, adequate remuneration and conditions of service shall be secured by law and shall not be altered to their disadvantage.

     Universal Charter of the Judge, Approved by the International Association of Judges on 17 November 1999, ”Article

    The judge must receive sufficient remuneration to secure true economic independence. The remuneration must not depend on the results of the judges work and must not be reduced during his or her judicial service. The judge has a right to retirement with an annuity or pension in accordance with his or her professional category. After retirement a judge must not be prevented from exercising another legal profession solely because he or she has been a judge.

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  5. 5. Constitution, S. 141(1), (5) and (7).

    (1) In the exercise of the judicial power of Swaziland, the Judiciary, in both its judicial and administrative functions, including financial administration, shall be independent and subject only to this Constitution, and shall not be subject to the control or direction of any person or authority.

    …

    (5) The administrative expenses of the Judiciary, including all salaries, allowances, gratuities and pensions payable to, or in respect of persons serving in the Judiciary, shall be charged on the Consolidated Fund.

    …

    (7) The Judiciary shall keep its own finances and administer its own affairs, and may deal directly with the Ministry responsible for finance or any other person in relation to its finances or affairs.

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