Human Rights Watch has released its World Report 2013. Unfortunately, it does not cover Swaziland but it does contain some essays pertinent to Swaziland today. The essays cover:
(1) Traditional values and human rights (click HERE);
(2) Corporations and human rights (click HERE); and
(3) The environment, health and children's rights (click HERE).
The piece on traditional values references a case in Botswana where the High Court overruled a customary law granting inheritance of the family home to the last born male heir. The elder sisters challenged the law, which had been applied by a customary court, on the basis that it violated their constitutional right to equality before the law - and won (to read the full judgment click HERE). To date, as far as I am aware, no one has challenged a decision of any Swazi Court at the High Court, partly I think because of the lengthy and intimidating appeals process. According to the Swazi Courts Act 1951, civil appeals must go first to the Swazi Court of Appeal, then the Higher Swazi Court of Appeal and then to the High Court. This is a pretty long road for a person dissatisfied with the decision of the local Swazi Court President. But this lengthy process ignores, I think, the effect of Section 35(1) of the 2005 Constitution which states:
"Where a person alleges that any of the...provisions of this [Bill of Rights] has been, is being, or is likely to be contravened in relation to that person or a group of which that person is a member...that person (or that other person) may apply to the High Court for redress."
This should mean that a person can apply directly to the High Court from a decision of a Swazi Court contravening (as with the Botswanan case) a provision of the Bill of Rights.
