Judicial System of Swaziland
Supreme court: Superior Court of Judicature
Ministry: Justice and Constitutional Affairs
The constitution provides for independence of the judiciary. The common law is based on Roman-Dutch Law.
The Superior Court of Judicature, introduced by the 2006 Constitution, comprises the Supreme Court and the High Court, and is the final court of appeal. The High Court is presided over by the chief justice and has unlimited original jurisdiction in civil and criminal matters, including constitutional issues and the fundamental human rights and freedoms guaranteed by the constitution; but not including matters arising under Swazi law and custom.
The chief justice and other judges of the Superior Court are appointed by the King on the advice of the Judicial Service Commission. The members of the Superior Court include retired judges from other African countries, traditionally from South Africa, but more recently from a number of other Commonwealth countries.