Administration of criminal justice in Swaziland: crises and confusion in the 1990s

Abstract

The Kingdom of Swaziland is one of the few countries in the Southern Africa Development Community (SADC), Africa and the world where traditional institutions play a very important part in the overall governance of the country. The Kingdom, which in 1998 celebrated thirty years of political independence, has what has been described as a “modified traditional monarch”. The significance of traditional institutions in general and the monarch in particular, manifests itself not only in the general administration of the country but in the administration of criminal justice as well. This contribution describes the crises and confusion that arose in the administration of criminal justice in Swaziland in the 1990s in general and, in particular, the part played by the Director of Public prosecutions – DPP, who was assumed to have been connected to, and in league with, traditional bodies and officials. An analysis is made of how adherence to traditional norms and the influence of traditional institutions contributed to and became part of the crises. A conclusion is drawn that the DPP, who is an officer of the court, is in law expected to exercise his professional powers independently. When that ceases to be the case, this office can become a cause of injustice not only to individuals but to society as a whole.