Rights
2005 Constitution with executive authority vested in the King and a dual legal system
The 2005 Constitution ended two decades of rule by decree after the 1973 proclamation, but vests executive authority in the King (iNgwenyama), who appoints the Prime Minister and a portion of both chambers. Political parties remain effectively barred from contesting elections, which are conducted on a candidate basis through the tinkhundla system. Chapter III contains a bill of rights.
Key rules
- Jurisdiction — The High Court hears constitutional matters; the Supreme Court is the final court of appeal.
Governing law
- Constitution of the Kingdom of Eswatini Act 1 of 2005 — Chapter III rights; ss 64-65 executive authority
- King's Proclamation to the Nation of 1973 — repealed in effect by the 2005 Constitution
- Swazi Administration Act 79 of 1950 — traditional structures
In practice
Eswatini is Africa's last absolute-leaning monarchy under a written constitution, and the tension is internal to the document: Chapter III guarantees expression and association while the tinkhundla electoral structure and royal appointment powers constrain their political exercise. A parallel traditional order — Swazi National Courts, the Ludzidzini council — operates alongside the Roman-Dutch courts.