Criminal law in Eswatini

Eswatini has no single modern Penal Code covering all criminal offences. Some provisions of the Crimes Act 1889 are uncommenced or repealed, while newer laws regulate areas such as sexual and domestic violence, organised crime, cybercrime, road offences, witness protection and child justice. The current offence, available defence and penalty therefore depend on the applicable statute and the facts of the case. The Constitution protects liberty, a fair, speedy and public hearing, the presumption of innocence, information about the charge in a language the accused understands, adequate time to prepare a defence, witness examination, an interpreter where needed, freedom from compelled testimony and protection against double jeopardy. After arrest or detention, the person should receive the reasons, access to legal assistance, contact with a next of kin and access to medical care. A person should be brought before a court without undue delay; the constitutional threshold recorded for detention is 48 hours. Release on reasonable conditions is available, and unlawful detention can lead to compensation. State-funded counsel is required for capital offences. The death penalty remains legally possible but is not mandatory, while life imprisonment is recorded as at least 25 years. A typical case begins with a report to the Royal Eswatini Police Service or another competent agency. Investigators collect statements and other evidence, make arrests where lawful and seek warrants for searches or other investigative steps under the Criminal Procedure and Evidence Act 1938. The Director of Public Prosecutions, commonly called the DPP, directs public prosecutions through Crown Counsel and specialist units covering general crime, corruption, fraud and transnational crime, domestic and sexual offences, organised crime, asset forfeiture, cybercrime and drugs. The Anti-Corruption Commission investigates corruption and refers appropriate files to the DPP; purely criminal matters may remain with the police. The usual pathway is investigation, a prosecution decision, charge, bail or remand, and sometimes a preparatory examination before trial. The Magistrates’ Courts handle most first-instance criminal cases. The High Court has broad original criminal jurisdiction for serious matters and hears specified appeals and reviews. The Supreme Court is the final appellate, review and supervisory court. A criminal appeal from a Magistrates’ Court is generally filed within 14 days, while appeals through the Swazi Courts generally use a 30-day period. Supreme Court notices are publicly summarised as requiring 20 days, but the current court rules and Registrar should confirm the applicable deadline. Bail is generally available before conviction unless detention serves the interests of justice. The court may consider public safety, the risk of reoffending, flight, interference with witnesses, destruction of evidence and risks to the justice process. Recorded schedules include a minimum of E15,000 for Fourth Schedule matters and E50,000 for Fifth Schedule matters, with property-linked formulas for some charges. These schedules may be old, so the current court should confirm the amount; bail must not be excessive. Swazi Courts have criminal jurisdiction only within their warrant and statutory limits. The accused and complainant generally need to be members of the Swazi nation, and cases involving death, life or death-punishable offences, or witchcraft without Judicial Commissioner approval are excluded. Legal representation is not available before a Swazi Court, and appeals follow its own appellate chain. The Correctional Services Act 2017 provides for custody, remand, medical care, separation of male and female detainees, parole, rehabilitation, reintegration, restorative justice and juvenile justice. For children under 18, the Children’s Protection and Welfare Act 2012 provides assessment, preliminary inquiry, diversion, Children’s Court proceedings and probation support. Diversion is a first resort where responsibility is acknowledged, evidence is sufficient, procedural rights are protected and the child has a fixed address. Detention should be a last resort and children should be separated from adults. Sexual and domestic violence cases are governed mainly by the Sexual Offences and Domestic Violence Act 2018 and its Regulations 2020. The law uses a gender-neutral definition of rape, sets the age of consent at 18, and provides for sexual-offender registration and protection measures. Witness Protection Act 2018 commenced on 2 July 2018. One Stop Centres combine police, health, social work, prosecution and support services, although practical access varies by region. Civil damages and ordinary private claims belong primarily to civil law rather than this criminal-law process. Road offences under the Road Traffic Act 2007 include reckless, negligent or inconsiderate driving, impaired driving, excess alcohol and failure to act after an accident. A driver involved in an accident must stop, assist, identify the driver and report to the police with the licence and identification within the applicable maximum period of 24 hours. Recorded thresholds are 0.05 g of alcohol per 100 ml of blood or 0.38 mg per 1,000 ml of breath. The Road Transportation Department administers licensing, testing, registration and roadworthiness requirements. The Computer Crime and Cybercrime Act 2022 covers illegal access, interception, data or system interference, computer fraud and forgery, phishing, identity crime, cyberbullying, stalking, extortion, denial-of-service attacks, certain harmful content and other listed offences. Courts can issue warrants and production or preservation orders, and electronic records may be admissible. The Act can apply to conduct involving Eswatini systems or data and certain conduct committed abroad. Penalties are offence-specific; for example, intellectual-property violations are recorded as carrying up to E100,000 or three years’ imprisonment, while other offences may carry up to E100,000 or five years. No reliable current general criminal-court fee tariff has been located, and access to legal aid remains fragmented despite an active Ministry Legal Aid Office.