Civil law in Eswatini

Eswatini has no single civil-law code, unified land register or universal civil court. The Constitution of 2005 is the supreme law, while Roman-Dutch common law has applied since 22 February 1907 and legislation adds rules for particular subjects. Swazi customary law is also recognised, subject to the Constitution, legislation and limits such as natural justice, morality and humanity. English and siSwati are the official languages, and civil proceedings are generally heard publicly by independent courts with fair-hearing guarantees. Private-law capacity and status follow common-law and statutory rules. Birth, death and marriage registration through the Ministry of Home Affairs and the Civil Registration and Vital Statistics system provide documents used in family matters, estates, land transactions and court claims. Current birth or death registration can take about one day to two months through the official process; late registration takes at least three weeks. Children receive constitutional protection whether born inside or outside marriage, and the Children’s Protection and Welfare Act 2012 covers care, maintenance, custody, protection and Children’s Court proceedings. Contracts normally require agreement, legal capacity, lawful purpose, sufficient certainty and performance. Breach may lead to remedies that depend on the agreement and the circumstances. Written, notarised or registered instruments are required for some types of transaction, especially dealings with immovable property. Signed documents, identity records, payment evidence, delivery records and default notices often determine whether a claim can be proved. Consumer and employment issues may overlap with civil law but belong primarily to separate consumer-protection or labour-law areas. Land has two main legal settings. Swazi Nation Land, often called SNL, is held by iNgwenyama in trust for the Swazi Nation and is commonly accessed through customary structures such as a chief, Umphakatsi or Khonta. Title Deed Land, or TDL, is privately held land recorded through the Deeds Registry. The Land Management Board regulates rights and interests in urban and rural land, while the Deeds Registry records transfers, mortgage bonds, leases and servitudes. A conveyancer is required for deed transfers and certain registered instruments. Transfer duty, stamp duty, registry searches, office fees, valuation costs and professional charges can apply. A land dispute may proceed through customary structures, a tribunal or an ordinary court, depending on the tenure, parties and jurisdiction. Family matters may involve civil or customary marriage. Civil marriages use the Marriage Act 1964 and registration through a marriage officer, while customary marriages follow a separate official registration process involving the bride and groom, witnesses, a chief’s representative and the required ceremony participants. The current legal position on age and formal restrictions should be checked against the latest applicable legislation. The Constitution protects free and full consent to marriage and provides for reasonable estate provision for a surviving spouse in civil or customary marriages. Divorce, maintenance, custody, adoption and guardianship may involve the High Court Family Division, Magistrate Courts or the Children’s Court. Protection orders under the Sexual Offences and Domestic Violence Act 2018 are civil remedies, although related criminal issues fall outside this topic. Estates are administered under the Wills Act 1955, the Intestate Succession Act 1953 and the Administration of Estates Act 1902. The Master of the High Court registers wills, appoints and supervises executors, tutors and curators, and protects minors and creditors. A death notice should be lodged within at least 14 days. A will should be submitted promptly, and an inventory is generally due within 14 or 30 days depending on the marital-property context. Creditor notices may run for 30 days to three months, and a liquidation and distribution account may be lodged within six months after letters of administration or executorship. A simple estate often takes about six to twelve months, while disputes take longer. Customary succession can apply where the estate is required to be administered or distributed under tribal custom, so marital status, property status and customary affiliation affect the applicable process. Delict claims, broadly comparable to tort claims, use Roman-Dutch common-law principles. A claimant generally needs to establish wrongfulness, fault, causation and loss, with the available remedy depending on the facts. Courts may award damages, restitution, an interdict or another suitable order. The Motor Vehicle Accidents Act 1991 established the Motor Vehicle Accident Fund for bodily injury or death caused by negligent or unlawful driving. Limitation periods, compensation limits, evidence and forms for such claims require current confirmation. Employment injuries belong primarily to labour law. The Supreme Court is the final appeal court. The High Court hears original, appellate and revisional civil matters, constitutional-rights cases and complex property, family and estate disputes; its Commercial Court is a High Court division for commercial disputes. Magistrate Courts handle many first-instance contract, property, personal-injury, maintenance and custody matters within their jurisdiction. Published monetary limits conflict: Practice Directive 2/2011 lists E30,000 for the relevant civil jurisdiction, with E20,000 and E10,000 figures for lower levels, while a Judiciary services page mentions E300,000. The registry should confirm the current limit before filing. A civil appeal from a Magistrate Court is generally lodged within 30 days after judgment or 14 days after the written judgment is requested, whichever is longer. The Small Claims Court handles claims up to E20,000 involving money, movable property, delivery of immovable property, ejectment and liquid documents. A written demand should normally be made at least 14 days before proceedings. Parties generally represent themselves and attorney costs are not awarded in the ordinary way. The court does not handle divorce, mental-capacity matters, defamation, malicious prosecution, interdicts or government claims. Swazi and Chiefs’ Courts use customary procedures and mainly handle civil matters involving Swazi parties, local residence or a local cause of action. Jurisdiction, transfer and appeal rules depend on the relevant statute and customary system. Eswatini does not have a reliable, generally available government-funded civil legal-aid scheme established in the reviewed material. The Ministry of Justice and Constitutional Affairs, the Law Society, private attorneys, the UNESWA Legal Aid Clinic, non-governmental organisations, the Ministry’s Legal Aid Unit, customary forums and self-representation provide different forms of assistance. The constitutional guarantee of state-funded representation is directed at criminal charges carrying the death penalty or life imprisonment, not civil claims generally. Civil proceedings can involve filing, service, court, registry, conveyancer, notary, valuation, publication, executor and legal fees. Timing depends on the forum, records, registry workload and whether the matter is contested. A judgment or order can be enforced through court procedures involving the Sheriff or court messenger, writs, attachment, sale or garnishee-type mechanisms under the applicable rules. Small Claims Court materials expressly provide for execution against a judgment debtor. High Court enforcement may interact with the Deeds Registry, land tenure rules or estate administration, and customary decisions require the correct statutory or customary enforcement process. Identity documents, registration records, contracts, title or customary land evidence, payment records and court orders should be preserved because they often determine access to the appropriate process.