Criminal
Roman-Dutch common-law crimes with statutory supplements and retained capital punishment
Serious offences remain Roman-Dutch common-law crimes, supplemented by statutes including the Sexual Offences and Domestic Violence Act 2018 and the Suppression of Terrorism Act 2008. The death penalty is retained but has not been carried out since 1983. Swazi National Courts try minor customary offences.
Key rules
- Jurisdiction — Magistrates' courts try most offences; the High Court hears murder; the Supreme Court is final.
- Deadline — Arrested person brought before a court within 48 hours
Governing law
- Criminal Procedure and Evidence Act 67 of 1938
- Sexual Offences and Domestic Violence Act 15 of 2018
- Suppression of Terrorism Act 3 of 2008
In practice
The Suppression of Terrorism Act has been the most contested criminal statute, used against political activists and criticised for definitional breadth; parts of it were declared unconstitutional in 2016 before being amended.