Eswatini: Bhunu Mall Team Faces Liability Under Building Laws

The project team responsible for the Bhunu Mall development in Manzini, Eswatini, faces potential imprisonment if investigators determine that statutory safety and construction regulations were breached leading to a site fatality. The incident has focused regulatory oversight on professional compliance under the Registration of Architects, Engineers, Surveyors and Allied Professionals (AESAP) Regulations of 2018 and the Building Act of 1968. While specific formal charges, judicial findings, or the final outcome of any resulting prosecution have not yet been reported, the invocation of statutory criminal penalties highlights heightened enforcement risks surrounding structural integrity and occupational safety in Eswatini's construction sector.

This development underscores the stringent legal duties imposed on built-environment professionals operating within Eswatini. Under the AESAP Act and Regulations 2018, along with the foundational Building Act of 1968, construction managers, architects, and engineers owe strict duty-of-care obligations during project execution. The potential imposition of custodial sentences rather than mere civil liability or administrative fines demonstrates the severe penal exposure built into Eswatini’s statutory framework when non-compliance results in loss of life.

Key entities embroiled in this matter include the project developers, statutory regulators enforcing the AESAP framework, municipal building authorities in Manzini, and enforcement agencies investigating the fatality. For legal practitioners advising construction firms, engineering consultants, and real estate developers in Eswatini, this matter serves as a critical prompt to review occupational health and safety protocols, contractor compliance registers, and statutory sign-offs across active developments. Attorneys must monitor whether formal criminal proceedings are instituted, as any ensuing jurisprudence will clarify the scope of personal liability for corporate officers and technical leads under the AESAP legislation.