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Regulatory News
Regulatory

Eswatini: Marriage Officer Fee Proposal Sets E2,000 Counselling

Times of Eswatini · 12 Oct

Regulatory

SWAMA Eswatini: Member Registration Opens for Revived Association

Times of Eswatini · 8 Oct

Legal News
Eswatini
Legal News

Mufti Feroz Ismail: Eswatini CEE Act Regulations Disruption Warning

Mufti Feroz Ismail, representing the Islamic community in Eswatini, recently warned that proposed Citizens’ Economic Empowerment (CEE) Act regulations could cause significant disruption across various business sectors in the kingdom. This warning is highly significant for legal practitioners and businesses operating within Eswatini, as it signals potential challenges and uncertainties associated with new economic empowerment legislation. The CEE Act, once fully implemented, is likely to introduce new compliance requirements, ownership structures, or operational mandates aimed at increasing citizen participation in the economy. Businesses, particularly those with foreign ownership or those operating in sectors identified for citizen empowerment, will need to closely monitor the finalisation and implementation of these regulations to assess their impact on existing operations, investment strategies, and corporate structures. The caution from a prominent community leader suggests that the regulations might have broad societal and economic implications beyond just legal compliance, potentially leading to widespread adjustments across industries. The legal context for this development is the Eswatini government's legislative authority to introduce economic empowerment laws, specifically the Citizens’ Economic Empowerment (CEE) Act. While the excerpt refers to "proposed regulations," it implies the existence of an overarching CEE Act or a legislative framework that empowers the creation of such regulations. Eswatini operates under a dual legal system, incorporating Roman-Dutch common law and Swazi customary law, with a hierarchical court structure culminating in the Supreme Court. Economic legislation typically falls under the purview of statutory law, enacted by Parliament and enforced by relevant government ministries or agencies. The specific provisions of the CEE Act and its proposed regulations would dictate the scope of empowerment initiatives, which could include preferential procurement, ownership quotas, skills transfer requirements, or other measures designed to increase citizen participation in the economy. The excerpt does not report any specific outcome or ruling on the regulations themselves, which are still in the proposed stage. The key parties involved are the Eswatini government and its legislative bodies responsible for drafting and enacting the CEE Act and its regulations, Mufti Feroz Ismail representing the Islamic community, and by extension, the broader business sectors and citizens of Eswatini who will be affected by these regulations. The specific government ministries or regulatory bodies tasked with overseeing economic empowerment would also be crucial players in the implementation phase, as they will be responsible for interpreting and enforcing the new rules. Attorneys advising businesses in Eswatini should proactively engage with clients to understand their current operational structures, ownership, and potential exposure to the proposed CEE Act regulations. It is imperative to closely track the legislative process, including any public consultation periods for the proposed regulations, and to meticulously analyse the final text of the regulations once promulgated. Businesses should consider conducting internal audits to identify areas where compliance might be challenging and begin strategising on potential adjustments to their business models, supply chains, or ownership structures to align with the empowerment objectives. Monitoring official government gazettes and engaging with industry associations will be critical for staying abreast of developments and preparing for the eventual implementation of these significant economic reforms.

15 Oct
Eswatini
Courtroom Update

Eswatini Court: Khululiwe Matsebula Seeks Forced Marriage Nullification

Khululiwe Matsebula, a 35-year-old woman from Mzimnene, recently initiated proceedings in the Pigg’s Peak Magistrate’s Court in Eswatini, seeking to nullify her month-old traditional marriage, alleging she was coerced into the union by her soldier boyfriend, Jabulani Shabangu, and is now seeking an order to compel her parents to cease pressuring her to return to the marriage. This case carries significant legal implications for practitioners in Eswatini, particularly concerning the validity of customary marriages and the protection of individual rights within traditional legal frameworks. It highlights the critical issue of consent in customary unions and the potential for judicial intervention when such consent is allegedly absent or vitiated by coercion. For businesses and individuals, it underscores the ongoing tension and interaction between customary law and statutory law, especially in personal status matters. The outcome of this matter, which is not yet reported, will be closely watched for its potential to clarify the courts' approach to balancing traditional practices with modern human rights principles, particularly those safeguarding women's autonomy. Eswatini operates a dual legal system, incorporating both Roman-Dutch common law and Swazi customary law, which governs aspects such as traditional marriages. The Pigg’s Peak Magistrate’s Court, presided over by Magistrate Innocent Mahlalela in this instance, serves as a court of first instance and has jurisdiction over a range of civil and criminal matters, including those touching upon customary law. The legal context for this case would involve an examination of the requirements for a valid customary marriage under Swazi law and custom, as well as principles of contract law regarding consent, and potentially statutory provisions related to domestic violence or protection orders, if applicable. The challenge to parental authority also brings into focus the extent to which traditional family structures can exert influence over adult individuals in contemporary Eswatini law. Practitioners in Eswatini should closely monitor the progression and eventual ruling in this matter. It serves as a crucial reminder of the complexities inherent in advising clients on marriage and family law issues within a dual legal system. Attorneys must be adept at navigating both customary law principles and statutory protections, particularly when addressing claims of forced marriage or lack of consent in traditional unions. This case underscores the importance of ensuring that all parties to a marriage, especially customary marriages, enter into the union freely and voluntarily, and highlights the judiciary's role in upholding individual rights against undue influence, whether from a spouse or family members. It also signals a potential increase in litigation challenging traditional practices that may infringe upon individual liberties.

15 Oct
Eswatini
Legal News

FSRA Eswatini: Fairlife Beneficiary Fund Investigation Reveals Governance Lapses

The Financial Services Regulatory Authority (FSRA) in Eswatini initiated investigations into Fairlife Beneficiary Fund, uncovering financial and governance lapses that place thousands of emaSwati's pension money at risk. This development, reported by the Times of Eswatini, highlights significant concerns within the country's pension sector, specifically regarding the security of retirement benefits. The FSRA's probe revealed critical issues, including an alarming 80% funding ratio and unperformed monthly bank reconciliations, indicating potential mismanagement and a failure to adhere to sound financial practices. These findings suggest that the fund may not have sufficient assets to meet its future obligations to beneficiaries, creating widespread uncertainty and anxiety among those whose retirement savings are entrusted to Fairlife Beneficiary Fund. For legal practitioners, this situation carries substantial legal significance, particularly for those advising pension funds, trustees, and corporate entities in Eswatini. It underscores the paramount importance of stringent financial oversight, robust corporate governance, and strict compliance with regulatory requirements within the retirement benefits industry. The potential for financial instability in a beneficiary fund can lead to complex litigation, regulatory penalties, and a severe erosion of public trust in the financial system. Businesses that contribute to such funds or have employees whose pensions are managed by them must also be acutely aware of the risks and their potential liabilities. The legal context for this matter primarily involves the Financial Services Regulatory Authority (FSRA), which operates under legislation such as the Financial Services Regulatory Authority Act (or similar enabling statutes in Eswatini) and is tasked with the supervision and regulation of non-bank financial institutions, including pension and beneficiary funds. The specific requirements for funding ratios, financial reporting, and governance structures are typically enshrined in the Pension and Provident Funds Act (or equivalent legislation) in Eswatini, which aims to protect the interests of beneficiaries and ensure the long-term solvency of retirement schemes. The discovery of an 80% funding ratio suggests a potential breach of these statutory solvency requirements, triggering the FSRA's intervention. The key parties involved are the FSRA as the regulator, Fairlife Beneficiary Fund as the entity under investigation, and thousands of emaSwati as the affected beneficiaries. Attorneys advising clients in Eswatini's financial sector, especially those involved with pension and beneficiary funds, should immediately review their clients' compliance frameworks. This includes conducting thorough audits of financial statements, governance policies, internal controls, and ensuring that all statutory funding requirements are met. Trustees of pension funds must be particularly diligent in fulfilling their fiduciary duties, understanding that regulatory scrutiny is intensifying. While the outcome of the FSRA's investigation into Fairlife Beneficiary Fund is not yet reported, this incident serves as a critical reminder for all stakeholders to proactively identify and address any potential financial or governance lapses to avoid regulatory enforcement actions and safeguard beneficiaries' retirement savings.

15 Oct
Eswatini
Case Law

Eswatini Crown: Bonginkhosi Dlamini Acquittal In Contempt Case

In Eswatini, an Anti-Corruption Commission (ACC) investigator, Bonginkhosi Dlamini, was acquitted and discharged by Mbabane Magistrate Fikile Nhlabatsi on October 7, 2026, after the Crown withdrew a contempt of court charge that arose from a WhatsApp status where he allegedly threatened a colleague. This development highlights the significant discretion afforded to the Crown in Eswatini's legal system to withdraw charges, even in cases involving alleged contempt of court. For legal practitioners, it underscores the importance of understanding prosecutorial policies and the circumstances under which such withdrawals are granted. Furthermore, the case brings into focus the conduct of public officials, particularly those in sensitive roles like ACC investigators, and the potential for their actions, even in seemingly private communications on social media, to lead to formal legal proceedings. The use of a WhatsApp status as the basis for a contempt charge also signals the evolving landscape of what constitutes actionable conduct in the digital age. Legally, contempt of court in Eswatini is primarily governed by common law principles, which protect the integrity and authority of the judicial system. The power of the Crown to withdraw charges is a fundamental aspect of criminal procedure, often exercised based on factors such as insufficient evidence, public interest, or, as implied here, a re-evaluation of the merits of the case. The Magistrates' Courts in Eswatini, presided over by magistrates like Fikile Nhlabatsi, handle a wide array of criminal matters, including those involving public officials. While the ACC investigator's official duties fall under the Anti-Corruption Commission Act, the contempt charge itself relates to broader principles of judicial respect and conduct. Key parties involved in this matter were Bonginkhosi Dlamini, the Anti-Corruption Commission (ACC) as his employer, the Crown (representing the prosecution), and Mbabane Magistrate Fikile Nhlabatsi. The specific outcome of this matter is reported as an acquittal and discharge following the Crown's withdrawal of the charge. Practitioners should advise clients, especially those in public service or positions of authority, on the critical need for circumspection in all communications, including on social media platforms, to avoid actions that could be construed as contemptuous or otherwise bring their office into disrepute. Understanding the nuances of prosecutorial discretion and the common law principles governing contempt of court remains crucial for effective legal representation in Eswatini.

14 Oct
Eswatini
Courtroom Update

Eswatini Beverages: High Court Hears Pension Withholding Dispute

In Eswatini, former Eswatini Beverages Limited manager Sipho Israel Khoza has accused his former employer of deliberately withholding documents necessary for processing his pension benefits, while simultaneously opposing the company's High Court application related to alleged financial discrepancies. This case illuminates the complex and often contentious nature of post-employment disputes, particularly when allegations of financial misconduct intersect with an employee's entitlement to benefits. For practitioners, it highlights the critical need for clear and timely communication between employers and former employees regarding pension processing, especially when other legal proceedings are ongoing. The dispute underscores the potential for leverage tactics in litigation, where the withholding of benefits might be perceived as a means to influence another legal outcome. It also emphasizes the importance of robust internal processes for managing employee exits and benefit disbursements to mitigate legal risks. Legally, this matter likely engages Eswatini's labour laws, which govern employment contracts and the rights of employees, as well as specific pension fund legislation that dictates the administration and payout of retirement benefits. The High Court of Eswatini serves as the forum for the company's application concerning alleged financial discrepancies, indicating the seriousness and potential monetary value of the claims. The legal framework would require employers to act in good faith and adhere to statutory timelines for processing pension benefits, irrespective of other disputes, unless a lawful set-off or withholding is explicitly permitted by law or contract. The key parties involved are Sipho Israel Khoza, the former manager, and Eswatini Beverages Limited, his former employer, with the High Court of Eswatini serving as the judicial body hearing the company's application. The excerpt does not report the outcome of either the pension dispute or the company's High Court application. Attorneys advising employees should be prepared to vigorously pursue claims for withheld benefits, understanding the legal avenues available to compel employers to comply with pension regulations. For corporate clients, this case serves as a stark reminder to ensure strict adherence to all labour and pension fund regulations, maintain transparent and well-documented processes for benefit administration, and manage any allegations of financial impropriety through proper legal channels without prejudicing an employee's statutory entitlements. The outcome of this matter is not yet reported, making it a situation to monitor for precedents on the interplay between employment disputes and benefit withholding.

14 Oct
Eswatini
Courtroom Update

Endzingeni Royal Kraal: Endzingeni Exhumation High Court Application Filed

In Eswatini, Endzingeni traditional authorities, led by Chief Prince Mavelebaleni Dlamini and the Inner Council of Endzingeni Royal Kraal, are seeking an order from the High Court to exhume the remains of Maria Shabangu, alleging her burial at a family graveyard violated chiefdom rules requiring certain family members to be interred in communal sites. This case presents a significant legal and cultural challenge, highlighting the intricate relationship between customary law, traditional authority, and the formal legal system in Eswatini. For practitioners, it underscores the potential for conflicts arising from the application of traditional rules, particularly in sensitive areas like burial practices, and the role of the High Court in adjudicating such disputes. The request for an exhumation order is a serious matter, involving profound emotional, religious, and public health considerations, and typically requires compelling justification. It also brings to the fore the question of how individual family rights and wishes are balanced against community-level customary norms. Eswatini operates under a dual legal system, where both Roman-Dutch common law and Swazi customary law are recognised. The High Court of Eswatini possesses the jurisdiction to hear matters arising from both systems and is often tasked with reconciling potential conflicts. Customary law, as administered by traditional authorities such as the Inner Council of a Royal Kraal, governs many aspects of community life, including land use and burial rites. Exhumation orders under common law are generally granted sparingly and only under exceptional circumstances, such as for forensic investigation, public health concerns, or to correct a wrongful burial. The legal challenge here is to determine whether a violation of customary burial rules constitutes a sufficiently compelling reason for such an order. Key parties involved in this application are the Endzingeni traditional authorities, specifically Chief Prince Mavelebaleni Dlamini and the Inner Council of Endzingeni Royal Kraal, and the deceased, Maria Shabangu, whose remains are the subject of the application. The matter is currently before the High Court of Eswatini. The excerpt does not report the outcome of this High Court application. Attorneys practicing in Eswatini must be acutely aware of the pervasive influence of customary law and traditional authority, particularly in rural areas, and how these can impact personal and family matters. Advising clients on adherence to local customary rules, especially concerning land and burial practices, is crucial to prevent disputes that may necessitate intervention by the High Court. The outcome of this matter is not yet reported, and its resolution will likely provide important guidance on the High Court's approach to reconciling customary burial practices with individual rights and the stringent requirements for exhumation orders.

14 Oct
Eswatini
Legislation

YERF Eswatini: 2026 Amendment Regulations Tackle Land Disputes

In Eswatini, the Youth Enterprise Revolving Fund (YERF) recently acknowledged significant gaps in its system for securing land allocated to beneficiaries, raising concerns that land disputes could lead to financial distress for youth-owned businesses reliant on these loans. This critical issue emerged during YERF’s presentation of the Youth Enterprise Revolving Fund (Amendment) Regulations, 2026, to the Senate Finance Committee in Ezulwini. The core problem identified is the vulnerability of young entrepreneurs to losing access to the land essential for their production, which directly jeopardizes their ability to meet loan repayment obligations to the YERF. This development carries substantial legal significance for practitioners advising youth-owned businesses, financial institutions, and government agencies within Eswatini. It highlights a systemic risk where the success of government-backed youth empowerment initiatives is undermined by insecure land tenure. For businesses, the potential loss of operational land can result in immediate cessation of activities, leading to loan defaults and business failure. For lenders like YERF, it underscores the necessity for robust due diligence and collateral security mechanisms that are tailored to Eswatini's complex land tenure systems, particularly concerning land allocated under customary law. The acknowledgment by YERF itself signals a recognition of a fundamental flaw that requires urgent legislative and administrative attention. The legal context for this issue is rooted in Eswatini's dual land tenure system, which typically distinguishes between Swazi Nation Land (SNL) governed by customary law and Title Deed Land (TDL) governed by Roman-Dutch common law and statutory provisions. While the excerpt does not specify the type of land, the nature of 'allocated' land for youth businesses often implies SNL, where formal security of tenure for commercial purposes can be challenging to establish and enforce, making businesses susceptible to traditional authority decisions or community disputes. The Youth Enterprise Revolving Fund (Amendment) Regulations, 2026, are the specific regulatory instrument under review, indicating an ongoing legislative process to address these systemic issues. The involvement of the Senate Finance Committee highlights the legislative and oversight functions of Eswatini's Parliament in shaping economic and social policy, particularly as it pertains to youth development and financial stability. The key parties involved in this matter include the Youth Enterprise Revolving Fund (YERF), which is the government entity providing financial assistance and acknowledging the systemic gaps; the youth-owned businesses, who are the beneficiaries of these loans and are directly impacted by land insecurity; and the Senate Finance Committee, which is responsible for reviewing the proposed amendments to the YERF Regulations. The Independent News Eswatini serves as the media outlet reporting on this significant development. The outcome of the review of the Youth Enterprise Revolving Fund (Amendment) Regulations, 2026, and the specific measures to address land security are not yet reported. Attorneys advising youth entrepreneurs in Eswatini should meticulously review the land tenure arrangements for their clients' operations, especially when securing loans from entities like YERF. This includes assessing the nature of land allocation, the documentation available, and the potential for disputes under both customary and statutory law. For financial institutions, this signals a critical need to re-evaluate their collateral requirements and risk assessment frameworks for loans tied to land use, particularly for beneficiaries of government schemes. Legal professionals should closely monitor the progress and finalisation of the Youth Enterprise Revolving Fund (Amendment) Regulations, 2026, as these amendments are likely to introduce new mechanisms or requirements for land security, which will directly impact lending practices and business operations across Eswatini.

14 Oct
Eswatini
Legislation

Eswatini Parliament: Strong Opposition to Public Officials Gift Forfeiture Bill

In Eswatini, Members of Parliament (MPs) and Cabinet ministers yesterday expressed significant opposition to proposed legislation requiring them to declare and forfeit gifts valued at E5,000 or more, during a retreat at Sibebe Resort. This development arose during a presentation by the Eswatini Commission on Human Rights and Public Administration/Integrity, which is advocating for enhanced integrity measures among public officials. The strong reservations voiced by the politicians indicate a potential legislative hurdle for the proposed framework, which aims to introduce stricter accountability regarding financial benefits received by those in public office. This resistance carries substantial legal significance for practitioners, businesses, and the public in Eswatini. For legal professionals, it highlights the political complexities inherent in implementing anti-corruption and transparency legislation, which can directly impact the regulatory environment. Businesses, particularly those engaging with government entities, must monitor this situation closely as the outcome will shape the landscape of ethical conduct and potential liabilities related to gift-giving. The public's perception of governmental integrity and the effectiveness of oversight bodies like the Eswatini Commission on Human Rights and Public Administration/Integrity could also be significantly influenced by how this legislative debate unfolds. The legal context for this matter involves the ongoing legislative process in Eswatini, where the Eswatini Commission on Human Rights and Public Administration/Integrity is proposing new integrity standards. While the specific statutes or existing codes of conduct are not detailed in the excerpt, such commissions typically operate under a mandate to promote good governance and combat corruption, often through drafting or advocating for legislation that aligns with national and international anti-corruption principles. The proposed E5,000 threshold for gift declaration and forfeiture suggests an attempt to establish a clear, quantifiable standard for public officials' conduct. The outcome of this specific legislative proposal, including whether it will be enacted, amended, or rejected, is not yet reported. The key parties involved in this development are the Members of Parliament and Cabinet ministers, who are the subjects of the proposed legislation and are currently expressing their reservations. The Eswatini Commission on Human Rights and Public Administration/Integrity is the body championing these new integrity rules. The discussions took place at the Sibebe Resort, indicating a formal setting for legislative engagement. Attorneys advising clients on compliance, public sector ethics, or investment in Eswatini should closely monitor the progression of this proposed legislation. The outcome will indicate the political will to enforce stricter anti-corruption measures and could influence the regulatory landscape for interactions between businesses and government officials. Businesses operating in Eswatini should be aware of the ongoing debate and prepare for potential changes in gift-giving policies, ensuring their internal compliance frameworks are adaptable to evolving integrity standards, even if the current proposal faces resistance.

14 Oct
Eswatini
Legislation

Eswatini YERF: E3000 Loan Stamp Fees Impede Youth Loans

In Eswatini, aspiring young entrepreneurs are reportedly being charged up to E3,000 for umphakatsi stamps, a fee that the Youth Enterprise Revolving Fund (YERF) indicates is hindering hundreds of business loan applications, as discussed during YERF's presentation of the Youth Enterprise Revolving Fund (Amendment) Regulations, 2026, to the Senate Finance Committee. This development highlights a significant practical barrier to youth entrepreneurship and access to finance within Eswatini. The E3,000 fee for umphakatsi stamps, which are presumably endorsements or approvals from local traditional authorities, is identified by YERF as a substantial cost that is actively stalling numerous business loan applications. This issue came to the fore during a legislative review process, indicating that the problem is recognised at a policy level and is being considered in the context of regulatory reform. The high cost suggests a potential disconnect between the intent of youth empowerment initiatives and the administrative realities on the ground, which can disproportionately affect young individuals with limited capital. The legal significance of this situation for practitioners lies in its exposure of potential friction points between statutory financial schemes and traditional administrative requirements. For businesses and individuals, it underscores the often-unforeseen costs and bureaucratic hurdles that can impede access to government-backed funding. The involvement of the Senate Finance Committee and the presentation of the Youth Enterprise Revolving Fund (Amendment) Regulations, 2026, signal that legislative or regulatory changes are under consideration, which could either formalise, modify, or abolish such fees. The relevant legal context involves the enabling legislation for the Youth Enterprise Revolving Fund, its current regulations, and the proposed amendments, alongside any customary law or statutory provisions governing the powers and fee structures of umphakatsi or traditional authorities in Eswatini. The outcome of the discussions or any subsequent legislative action regarding these fees is not reported in the excerpt. Key parties involved include the aspiring young entrepreneurs who are directly impacted by these fees, the Youth Enterprise Revolving Fund (YERF) which administers the loans and has brought the issue to light, the umphakatsi (traditional authorities or local administrative units) responsible for issuing the stamps and charging the fees, and the Senate Finance Committee, which is reviewing the relevant regulations. For attorneys and legal professionals, it is crucial to monitor the progress of the Youth Enterprise Revolving Fund (Amendment) Regulations, 2026, as these may introduce changes to the application process, fee structures, or the role of traditional authorities. Practitioners advising clients on business funding or youth enterprise initiatives in Eswatini should proactively identify and account for all potential administrative costs, including those levied by traditional structures, and be prepared to advise on the legal basis for such fees and potential avenues for challenging them if they are deemed excessive or without proper legal foundation. This situation also presents an opportunity for legal advocacy to ensure that administrative costs do not undermine the policy objectives of youth economic empowerment.```

14 Oct