Eswatini · Legislation
Legislation and primary sources
Where to find the authoritative text of the law in Eswatini, and how to confirm it is still in force.
Sources of law, ranked
- Constitution
- Declared supreme, but read alongside preserved royal prerogative.
- King's Orders-in-Council and Acts
- Legislation may originate from Parliament or by royal decree.
- Roman-Dutch common law
- Substantive private law with English procedure.
- Swazi customary law
- Applied by the Swazi National Courts; governs land and much family matter.
- Case law
- Binding precedent from the Supreme Court downwards.
The legislative process
Bills pass the House of Assembly and Senate and require royal assent, which the King may withhold. The King may also legislate by decree in defined circumstances, and bills touching Swazi law and custom are referred to traditional structures. Constitutional amendment requires a two-thirds majority of both chambers sitting jointly, and for entrenched provisions a referendum.
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