Law in Eswatini

Law in Eswatini covers public and private rules governing work, migration, crime, purchases, contracts, property and family matters. Different authorities, statutes and courts handle these areas, and some matters may also involve Swazi law and custom alongside Roman-Dutch common law. The correct procedure depends on the subject, the parties, the person’s status and the relevant jurisdiction.

Labor law

Labor law in Eswatini governs dependent work, including employment contracts, working time, pay, leave, workplace safety, collective representation, disputes and termination. The main rules come from the Employment Act 1980, Industrial Relations Act 2000, Wages Act 1964, Occupational Safety and Health Act 2001 and related sectoral wage orders. The detailed position can differ for domestic work, agriculture, casual work and other sectors.

Immigration law

Immigration law in Eswatini regulates entry, residence, work, study, family migration, protection, citizenship and removal of non-citizens. A valid passport and the correct entry permit, pass or visa are central to lawful stay, but a visa does not itself grant residence or work rights. The Immigration Department and other designated authorities assess applications, conditions and appeals.

Right of residence

Criminal law

Criminal law in Eswatini governs criminal offences, investigations, trials, penalties and the rights of accused and harmed persons. It draws on the Constitution of the Kingdom of Swaziland 2005, statutes, common-law structures and Swazi law and custom; the Crimes Act 1889 remains only partly in force. Most cases move from Royal Eswatini Police Service investigation to a prosecution decision by the Director of Public Prosecutions, then to a Magistrate’s Court or the High Court.

Consumer protection

Consumer protection in Eswatini covers safeguards and remedies for people buying goods, services, credit, digital offers and other products from businesses. The framework is fragmented across the Competition Act 2007, Fair Trading Act 2001, Consumer Credit Act 2016 as amended in 2021 and sector-specific rules. The Eswatini Competition Commission handles broad unfair-trading complaints, while financial, communications, energy, tourism and health-product complaints follow sector-specific pathways.

Civil law

Civil law in Eswatini governs private relationships involving people and organisations, including contracts, property, family matters, inheritance, liability and civil court proceedings. It combines Roman-Dutch common law, statutes and courts with a parallel system of Swazi law and custom. The correct forum and procedure depend on the subject, the parties, the land or family status involved and the applicable jurisdiction.

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