Today the ICJ launched a new report that makes several findings and recommendations regarding the independence and accountability of the judiciary in the country.
The report is a result of the International Fact Finding Mission in Swaziland (IFFM-SZ) held in 2015 by the ICJ, in collaboration with the Africa Judges and Jurists Forum (AJJF), Judges for Judges Netherlands (J4J) and the Commonwealth Magistrates’ and Judges’ Association (CMJA).
The mission was conducted at the backdrop of a number developments of concern for the independence and accountability of the judiciary in Swaziland.
The report observes that:
- The Kingdom of Swaziland has a constitutional and legislative framework that does not respect the separation of powers or provide the necessary legal and institutional framework and safeguards to ensure the independence of the judiciary;
- The former Chief Justice Ramodibedi failed to protect and defend the institutional independence of the judiciary;
- The Executive failed to respect the independence of the judiciary; and
- The failure to respect the independence of the judiciary by the Executive and the failure by the Chief Justice to defend the institutional independence of the judiciary created conditions conducive to abuse of the legal system for personal gain
Presenting the Mission’s findings, the ICJ Africa Regional Programme Director, Arnold Tsunga urged the Crown, Judiciary, civil society and international community to collectively work towards the implementation of the recommendations to strengthen the institutional and structural independence of the judiciary thereby restoring citizen’s and stakeholders confidence in the judiciary and the rule of law.
Contact
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
Swaziland-Justice locked out RoL crisis-Publications-Fact Finding Mission Report-2016-ENG (full report, in PDF)