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Eswatini

Civil law

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Eswatini has two legal systems side by side: Roman-Dutch common law, brought from South Africa, and Swazi law and custom, applied by traditional courts. It has a Constitution of 2005 and a King with wide powers.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of 2005, the highest law
  • Statutes, and Roman-Dutch common law, mainly as developed in South Africa
  • Swazi law and custom, applied in the traditional courts
  • Decisions of the Supreme Court and the High Court

The main courts

  • The Supreme Court, the final court
  • The High Court
  • Magistrates' courts, and Swazi National Courts for custom

Becoming a lawyer

A law degree and admission as an attorney or an advocate by the High Court, as in South Africa.

What may surprise you

  • A system of traditional courts, with local officials presiding, runs alongside the Roman-Dutch courts.
  • The King and the traditional authorities have strong constitutional powers.
  • Its law is closely tied to South African law and its reports.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Eswatini as: Civil law, Customary. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Eswatini, consult a lawyer qualified there. Report a mistake.