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Regulatory News
Regulatory

Eswatini: CBE Proposes E10 Coin Introduction to Boost Durability

Independent News Eswatini · 26 Aug

Regulatory

Bhunu Mall Fatality: Eswatini Project Liability Warning

Times of Eswatini · 23 Aug

Legal News
Eswatini
Legal News

EFA: Clarifies Wanderers Club Ownership Rules, Sales Permitted Under Licensing

EFA President Peter Simelane confirmed that football clubs in Eswatini have the right to be bought or sold. This right is strictly conditional upon adherence to the Eswatini Football Association's established licensing rules.

30 Aug
Eswatini
Legal News

Makhanya: SADC Public Service Reform Accountability Needs Consequence Systems

South Africa’s Public Service Commission Commissioner, Professor Mandla Makhanya, stated that strong consequence management systems are essential for public service transformation in the SADC region. He emphasized that without these systems, public service reform efforts across the Southern African

29 Aug
Eswatini
Legal News

Eswatini PS Mkhaliphi: Orders CTA Service Provider Data Cleanup Amid Corruption Claims

In Eswatini, Principal Secretary Mkhaliphi of the Ministry of Public Works and Transport is reportedly initiating a process to clean up service provider data for government vehicle maintenance, following allegations of corrupt practices at the Central Transport Administration (CTA). This development, reported by Independent News Eswatini, indicates a proactive stance by a senior government official to address systemic issues within a critical public service entity, specifically targeting the integrity of the procurement and maintenance processes for government vehicles. This move carries significant legal implications for both the government and private entities contracting with it. For the government, it signals a potential anti-corruption drive and a commitment to good governance, which could lead to increased transparency and accountability in public procurement. For businesses, particularly those providing services to the CTA or other government departments, it means heightened scrutiny of their contracts, compliance records, and operational practices. Any irregularities uncovered could result in contract termination, blacklisting, or even criminal investigations, thereby impacting their ability to secure future government tenders and their overall reputation. The legal context for this clean-up operation is rooted in Eswatini's public procurement framework, administrative law, and anti-corruption legislation. Key statutes include the Public Procurement Act, which governs the tendering and contracting processes for public entities, and the Prevention of Corruption Act, which criminalizes various forms of corrupt practices. The CTA, as a government parastatal, operates under these legal and regulatory frameworks. The allegations of corrupt practices suggest potential breaches of tender regulations, conflict of interest rules, and general anti-corruption provisions, which could trigger investigations by bodies such as the Anti-Corruption Commission. The key parties involved are Principal Secretary Mkhaliphi, representing the Ministry of Public Works and Transport, and the Central Transport Administration (CTA), the government's main garage. Independent News Eswatini played a role in unveiling the allegations, acting as a watchdog. While no specific court or regulatory body is explicitly mentioned as being involved at this stage, any findings of corruption could lead to referrals to the Anti-Corruption Commission for investigation and potential prosecution in the Magistrates' Courts or the High Court of Eswatini. The outcome of any such investigations or subsequent legal proceedings is not yet reported. Practitioners advising service providers currently or aspiring to contract with the Eswatini government, especially in the transport, maintenance, and related sectors, should immediately counsel their clients to conduct thorough internal audits of their procurement processes, contract compliance, and anti-corruption policies. It is crucial to ensure meticulous record-keeping, transparency in all dealings, and strict adherence to tender specifications and ethical guidelines. Businesses should prepare for potential requests for information, audits, or investigations from government bodies and be ready to demonstrate robust compliance frameworks to mitigate risks associated with this government-led clean-up initiative.

29 Aug
Eswatini
Case Law

Eswatini High Court: Permits Joint Trial for Kunene, Co-Accused

The High Court of Eswatini, through a ruling by Judge Justice Mavuso, has granted authorization for the joint trial of four accused persons, including the individual identified as "self-proclaimed Commander Thabo Kunene," after determining that combining their cases would not result in prejudice. This decision holds significant implications for criminal procedure in Eswatini, affirming the court's discretionary power to order joint trials when deemed appropriate and where no unfair prejudice to the accused can be demonstrated. Joint trials can offer procedural efficiencies, conserving judicial resources and potentially ensuring consistency in findings where charges stem from the same or closely related factual matrix. However, such orders also necessitate careful consideration of the constitutional right to a fair trial for each accused, particularly concerning the potential for prejudice arising from conflicting defenses, the introduction of evidence admissible against one but not all co-accused, or the risk of guilt by association. The ruling underscores the delicate balance courts must strike between judicial economy and individual rights. The legal basis for this ruling is found within Eswatini's criminal procedure framework, primarily the Criminal Procedure and Evidence Act, 1938 (as amended). Section 155 of this Act typically governs the joinder of accused persons and charges, granting the court discretion to order a joint trial under specific circumstances. The exercise of this discretion is usually predicated on the charges being related or the evidence against the accused being intertwined, provided that such joinder does not unfairly prejudice any accused person. The paramount consideration remains the constitutional guarantee of a fair hearing, enshrined in Section 21 of the Constitution of Eswatini. The High Court, as the superior court of general jurisdiction, presides over serious criminal matters. The key parties involved are the High Court (Judge Justice Mavuso), the Crown (prosecution), and the four accused: Thabo Kunene, Siphosethu Sidumo Malinga, Mxolisi Jabulane Simelane, and Zweli Simelane. Criminal defence attorneys in Eswatini should take note of this affirmation of the court's power to order joint trials. When representing clients in multi-accused cases, practitioners must meticulously assess whether a joint trial could lead to prejudice for their client, such as the inability to present a distinct defense, the risk of adverse inferences from a co-accused's actions, or the introduction of evidence that might unfairly implicate their client. While the defence in this specific instance reportedly raised no objection, future cases may necessitate robust arguments against joinder if genuine prejudice is a concern. Prosecutors, conversely, will find this ruling supportive of their efforts to consolidate related cases for efficiency, provided they can demonstrate that no prejudice will result to the accused.

29 Aug
Eswatini
Legal News

Eswatini: Green Chert Mine Stops Operations, Layoffs Impact Hhohho

Green Chert Mine in Nkomazi, Eswatini, has ceased its operations, resulting in the immediate unemployment of between 80 and over 100 workers and casting doubt on the future of a project once touted as a significant economic driver for northern Hhohho. This abrupt cessation of operations carries substantial legal and economic implications for Eswatini, particularly concerning labour law compliance, corporate social responsibility, and potential environmental liabilities. The sudden closure, as reported, without explicit details of a structured winding-down process, could trigger various legal challenges related to employee rights, severance, and the company's obligations under Eswatini's regulatory framework. For the affected workers, this situation presents an immediate crisis, highlighting the vulnerability of employment in large-scale projects and the critical need for robust legal protections. The legal context for such an event in Eswatini is primarily governed by the Employment Act, 1980, and the Industrial Relations Act, 2000, which outline procedures for retrenchment, notice periods, and the calculation of severance benefits. The Mines and Minerals Act, 2011, would also be highly relevant, dictating the operational, closure, and environmental rehabilitation requirements for mining companies. Any disputes arising from the termination of employment would typically fall under the jurisdiction of the Industrial Court. Furthermore, the Eswatini Environment Authority (EEA) would oversee compliance with environmental impact assessments and rehabilitation plans, which are crucial aspects of mine closure. The key parties involved are Green Chert Mine, its former employees, and various government ministries such as the Ministry of Natural Resources and Energy and the Ministry of Labour and Social Security. Practitioners advising businesses in Eswatini, especially those in resource-intensive sectors, should view this development as a stark reminder of the importance of meticulous compliance with labour laws regarding retrenchment, including proper notice, consultation, and fair severance packages. For companies, it underscores the necessity of comprehensive contingency planning for operational changes or closures, ensuring all regulatory obligations, particularly environmental rehabilitation, are met to avoid future legal exposure. Attorneys representing employees should be prepared to advise on their rights to compensation and the avenues for redress through the Industrial Court, monitoring for any collective action or government intervention to protect the affected workforce.

29 Aug
Eswatini
Legal News

Eswatini DPM: SADC Public Service Challenge Demands Tangible Results

Deputy Prime Minister Thulisile Dladla of Eswatini has publicly challenged public service commissions across the SADC region to transcend mere discussions and declarations, urging them to deliver tangible improvements in citizens' lives, during the 3rd Conference and Annual General Meeting of the SADC Public Service. This statement, emanating from a high-ranking government official, is not a direct legal ruling but serves as a significant policy directive, signaling a heightened emphasis on accountability, efficiency, and citizen-centric service delivery within Eswatini's public sector and across the broader SADC region. It implies a potential shift towards more rigorous performance monitoring, a review of existing public service frameworks, and possibly the introduction of new legal instruments to enforce public service obligations more effectively. The DPM's call underscores a growing demand for public institutions to demonstrate concrete results rather than just procedural compliance, which could have far-reaching implications for public administration law and governance. In Eswatini, the public service is primarily governed by the Public Service Act, 1998, and various subsidiary regulations, circulars, and codes of conduct. The Public Service Commission (PSC), established under Section 205 of the Constitution of Eswatini and the Public Service Act, is mandated with responsibilities for appointments, promotions, discipline, and the general administration of the public service. The DPM's remarks highlight the imperative for these bodies to effectively operationalize their mandates and potentially re-evaluate the adequacy of current legal and administrative frameworks in achieving tangible outcomes for citizens. While the SADC Treaty provides a regional cooperation framework, the implementation of these principles ultimately relies on national legislation and policy. The key parties are Deputy Prime Minister Thulisile Dladla, the various public service commissions within the SADC region, and ultimately, the citizens they serve. Legal professionals advising government agencies, public sector employees, or civil society organizations in Eswatini should anticipate a renewed focus on public sector performance, accountability, and adherence to service delivery standards. This could lead to legislative reforms aimed at strengthening oversight, enhancing transparency in public procurement, and establishing more robust mechanisms for citizen complaints and redress against public service failures. Attorneys should closely monitor policy pronouncements and legislative developments that seek to translate these calls for tangible results into enforceable legal obligations, advising clients on potential changes to administrative procedures, compliance requirements, and accountability frameworks within the public sector.

28 Aug
Eswatini
Legal News

Princess Sakhizwe Eswatini: Media Warning Urges Careful Content

In Eswatini, Princess Sakhizwe recently cautioned the media to exercise careful consideration before publishing, emphasizing the significant role media coverage plays in shaping the national narrative, particularly for citizens abroad who rely on social media for information. This statement, delivered in Mafutseni, underscores a prevailing concern within traditional and governmental circles regarding the impact and responsibility of media reporting in the kingdom. This caution carries substantial legal and practical significance for media practitioners and legal professionals in Eswatini. While not a direct legal directive, a statement from a member of the royal family can influence the regulatory environment and the interpretation of existing laws. It highlights the delicate balance between constitutional guarantees of freedom of expression and the potential for perceived national interest or public order concerns to lead to increased scrutiny or pressure on media outlets. For attorneys, this signals a potential for heightened sensitivity in reporting, which could increase the risk of defamation claims, sedition charges, or other regulatory actions if media content is deemed irresponsible or damaging to the national image or leadership. The legal context for media operations in Eswatini is primarily governed by Section 24 of the Constitution, which guarantees freedom of expression, including freedom of the press. However, this right is not absolute and is subject to limitations prescribed by law, such as those relating to defamation, public order, national security, and sedition. While Eswatini does not currently have a specific Media Council Act, common law principles of defamation and contempt of court remain applicable. The Princess's statement, therefore, serves as a reminder of the cultural and political pressures that can influence the application and enforcement of these legal limitations, particularly concerning reporting on sensitive national issues or the monarchy. The key parties involved in this development are Princess Sakhizwe, representing a voice from the royal family, and the media in Eswatini, encompassing journalists and media houses. The Eswatini public, especially those relying on social media, are also key stakeholders whose perceptions are influenced by media reporting. While no specific court or regulator was directly involved in the Princess's statement, the implications touch upon the broader regulatory landscape for media and the potential for future legal challenges or interventions should media reporting be perceived as crossing established boundaries. The outcome of any such future legal actions is not reported here. Practitioners advising media organizations and individual journalists in Eswatini should counsel their clients to be acutely aware of the prevailing political and social climate. While upholding journalistic ethics and the constitutional right to freedom of expression, it is prudent to exercise caution and thorough verification, particularly when reporting on sensitive national issues, public figures, or the monarchy. Attorneys should review editorial policies, provide training on the nuances of defamation and sedition laws, and prepare for potential legal challenges or regulatory interventions, especially concerning content disseminated via social media, which was specifically highlighted by the Princess.

28 Aug
Eswatini
Courtroom Update

Industrial Court: Build It Eswatini Employee Dismissal Challenge Cites Due Process

Build It employee Sakhele Mahlalela has filed an urgent application with the Industrial Court of Eswatini. He is challenging his dismissal, arguing it was a summary termination without the completion of a disciplinary hearing.

28 Aug
Eswatini
Legal News

Eswatini Government: Digital Services Cybersecurity Mandated From Inception

Eswatini's Minister of Information, Communication and Technology, Savannah Maziya, recently emphasized the critical importance of embedding cybersecurity from the outset in all new digital government services as the nation expands its mobile-first citizen engagement initiatives. This policy directive signals a proactive approach by the Eswatini government to ensure the security and privacy of personal information as it leverages mobile technology to bring public services closer to its citizens. The Minister's statement underscores a commitment to a 'security-by-design' philosophy, acknowledging that the collection of sensitive citizen data through digital platforms necessitates robust protective measures from the initial stages of development. This pronouncement carries significant legal and practical implications for practitioners, businesses, and the public in Eswatini. For legal professionals, it highlights an escalating focus on data protection and cybersecurity compliance, not only for governmental bodies but also for private sector entities that may partner with the government in delivering these digital services or those that handle citizen data. Businesses operating within Eswatini, particularly those in the technology, telecommunications, or any sector interacting with government digital platforms, must anticipate a heightened regulatory environment concerning cybersecurity and data privacy. The government's stance reflects a broader recognition of the imperative to build trust in digital infrastructure to foster economic growth and social inclusion. While the excerpt does not detail specific legislative enactments, this policy direction is firmly rooted in and aims to operationalize the principles enshrined in Eswatini's Data Protection Act, 2022. This foundational legislation establishes comprehensive guidelines for the lawful processing of personal information, outlines the rights of data subjects, and imposes clear obligations on data controllers and processors. The Minister's statement strongly suggests an intent to rigorously apply these statutory requirements to government digital initiatives. Other relevant legal frameworks include the Electronic Communications Act, 2013, which governs electronic communications and transactions, and the regulatory oversight provided by the Eswatini Communications Commission (ESCCOM) in the digital services landscape. This move aligns Eswatini with international best practices in data governance and cybersecurity. Key parties involved in this development include the Government of Eswatini, primarily through the Ministry of Information, Communication and Technology (ICT) and its Minister, Savannah Maziya. Citizens are the direct beneficiaries and data subjects whose information is being protected. Indirectly, regulatory bodies such as the Eswatini Communications Commission (ESCCOM) will likely play a crucial role in developing and enforcing specific guidelines. Private sector technology providers, developers, and consultants who collaborate with the government on these digital projects will also be critical stakeholders, as they will be directly impacted by the 'security-by-design' mandate. Practitioners should advise clients, especially those in the technology, telecommunications, and public service sectors, to conduct thorough reviews of their existing data handling practices and cybersecurity frameworks to ensure alignment with the Data Protection Act, 2022, and to prepare for more stringent compliance requirements. Businesses should proactively adopt 'security-by-design' and 'privacy-by-design' principles for all digital services, particularly those that interface with government platforms or process the personal data of Eswatini citizens. Monitoring forthcoming regulations, guidelines, or policy documents from the Ministry of ICT and ESCCOM will be essential. Furthermore, legal professionals should be prepared to assist clients in developing robust data protection policies, comprehensive incident response plans, and proactive compliance strategies to mitigate legal, financial, and reputational risks associated with data breaches in this evolving digital landscape.

28 Aug