Judgment Reviews Law at Eswatini
Eswatini's judicial system provides structured avenues for reviewing court judgments across civil, criminal, and constitutional matters. Here's an overview of the judgment review processes in Eswatini:
⚖️ Judicial Hierarchy and Appeal Mechanisms
1. Magistrates’ Courts
These courts handle most civil and criminal cases at the first instance. Appeals from Magistrates’ Courts are directed to the High Court.
2. High Court
The High Court has original and appellate jurisdiction. It hears appeals from Magistrates’ Courts and has the authority to review decisions from subordinate courts.
3. Supreme Court
The Supreme Court is the final court of appeal in Eswatini. It hears appeals from the High Court and has supervisory and review powers over all courts in the country.
🏛️ Constitutional Oversight and Judicial Review
Review Under the Constitution
Section 148(2) of the Constitution allows the Supreme Court to review its own decisions in exceptional circumstances. This review is an exception to the principle of res judicata and is applicable to correct a manifest injustice caused by an earlier order for which there is no alternative remedy
Common Law Review
The High Court has an inherent right to review the proceedings of any body or tribunal on which statutory duties are imposed. This form of review, known as "review under the common law," does not require any machinery of review created by the legislature
📌 Summary
Eswatini's judicial system offers a structured framework for reviewing court judgments, incorporating multiple levels of appeal and oversight to ensure fairness and legal consistency. While decisions of the Constitutional Council are final, other judicial decisions can be challenged through appeals and cassation, depending on the case type and stag.
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