Procedures
High Court Rules with Roman-Dutch prescription and a Supreme Court apex
Civil procedure follows the High Court Rules, modelled on the older South African rules. Prescription follows Roman-Dutch principles. The Supreme Court, created by the 2005 Constitution to replace the Court of Appeal, is the final court.
Key rules
- Jurisdiction — Swazi National Courts apply customary law; magistrates' courts and the High Court exercise general jurisdiction; the Supreme Court is final.
- Deadline — Appeal to the Supreme Court: notice within 4 weeks of judgment
- Deadline — Most contractual debts prescribe after 3 years
Governing law
- High Court Act 20 of 1954 and Rules
- Prescription Act 1975
- Magistrate's Courts Act 66 of 1938
In practice
The parallel Swazi National Court hierarchy is not merely a lower tier — it applies a different body of law, and the boundary between its jurisdiction and that of the Roman-Dutch courts is decided by the subject matter and the parties rather than by monetary value.