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THE JUDICIARY

The main function of the Judiciary is to adjudicate and to interpret Acts of Parliament and the common law. Additionally the Judiciary has the power to issue out orders or directives as may be necessary to ensure law, peace and order is maintained. The Judiciary is also responsible for upholding of the rule of law and the administration of estates.  

 

Mission Statement

´To administer justice which is accessible to all members of the public, upholding the rule of law and safe-guarding the Constitution of the country and all other laws applicable, in particular, the protection of the fundamental rights of persons.' 

Vision

´To uphold the rule of law and efficiently dispense justice to all those within its borders, in-keeping with the Constitution.

 

Independence of the Judiciary

The safety of the state is entirely dependent on an Independent Judiciary because it has the capacity and an obligation to promote and preserve the Rule of Law. The Rule of Law is a basic tenet of any democratic country, requiring an independent Judiciary that functions reasonably and efficiently.

The Judicial Sector has the primary mandate to administer justice. It also has to interpret and to uphold the Constitution. Courts are often called the custodians of the Constitution because their rulings protect the rights and civil liberties of the citizens as guaranteed by the constitution. The Judiciary has Judicial Review Power. In terms of the constitutional doctrine of Separation of Powers it has power to review the decisions and actions of the Legislature and the Executive, Motala & Ramaphosa, (2002). Judicial Independence connotes, not just the independence of the judicial arm from interference by the other arms of the state, but includes independence of each judicial officer from any interference by other members of the bench.

The Judiciary and its Customers
In the Service Sector, the provision and delivery of service involves a variety of interactions between an organisation and its customers. The concept can properly be advanced further by introducing the element of quality in service delivery. One definition of Quality Service Delivery as a concept is:-

“A measure of how well the service level delivered matches customer expectations. Delivering quality service means conforming to customer expectations on a consistent basis.”

The Judiciary of Swaziland must, also, be viewed as an organization - a system designed to serve the needs of those who use the courts and involving processes and tasks that are interlinked and affect one another.

LEADERSHIP AND MANAGEMENT IN THE COURTS
Court systems require effective leadership and management practices to respond to many important issues, such as public trust and confidence, court and community collaboration, and timeliness and consistency. Strategic planning and team building must also become part of the inherent culture of our courts to bring about pertinent, effective change in the justice
system.
The drawing of the Strategic Plan for the Judiciary of Swaziland 2007-2012 is but one commendable activity. But the Judiciary, as an organisation, needs to go a step further; that of ensuring that most of its members are aware of the vision and they are part of the strategic journey forward. Although it is good to have written strategy for an organisation, it is, however, vital that the members of the organisation or, in particular, its stakeholders become part of the strategy. Most public entities have a wide range of stakeholders with an interest in their operations. Common stakeholder groups include:


• Staff of the public entity;
• The public entity's customers and clients, and the broader community;
• The portfolio Department;
• Other State Government Departments and agencies who are co-operating
with the public entity or who rely on the public entity for goods or services;
• The public entity's business partners including companies, government
organisations and Non-government Organisations (NGOs).

The written strategy, which is referred to as the Formal Strategy, is a document which sets out everyone’s responsibilities to which managers and staff sign up as a roadmap to achieving the organisational goals. And Stakeholder expectations are one of the attributes that are likely to influence that form of a strategic alliance.

Monitoring and Evaluation
Time has come whereby the Judiciary is to embark on the process of assessing the suitability of its strategy; that is, to establish whether the strategy addresses the circumstances in which the organisation is operating, and acceptability assessment which concerns the achievement or otherwise of the expected performance outcomes, such as risk, return, and stakeholder reactions, following the implementation of a greater part of the strategy.
The most critical elements of modern judicial reform come with the realisation and acceptance that the court is a service agency. The service it provides is to resolve disputes in society [by providing a forum, and by taking responsibility for matters entrusted to it with an understanding of the users as customers and an appreciation of good customer service]. Courts should not just exercise mere adjudicative responsibility but there should be a paradigm shift to a system which focuses on total quality service, and not just function in blind isolation but must be part of the community. Visibility, through public (civic) education, is certainly a strategic consideration for achieving the latter.


COMMISSION ON HUMAN RIGHTS AND PUBLIC ADMINISTRATION INTERGRITY

VISION
To be a relevant and effective commission in a just society in which the principles of human rights and good governance are observed, practiced and preserved.

MISSION STATEMENT

We exist to promote and protect human rights for all and ensure equitable access to public services and the existence of a leadership that is transparent in its activities and accountable to the people it represents and serves – working through partnerships.

Establishment/ Background  of the Commission
The commission was appointed by HIS MAJESTY KING MSWATI 111, on the advice of the JUDICIARY SERVICE COMMISSION, through Legal Notice no. 143/2009.
The Commission consists of six (6) members;  The Commissioner / Chair person and five (5) deputy commissioners.

Functions of the Commission

The Commission has a three-fold function being ;

1.    Human Rights
2.    public administration
3.    Integrity

Human Rights

The Commission is empowered under section 164(1) to investigate complains concerning alleged violations of fundamentals rights and freedoms under the constitution. The commissioner is to take appropriate action for remanding , correction or reversal of instances complained off trough such mean as affair proper and effective including – inter alia;

•    Publicizing the findings and recommendations of the Commission.

•    Negotiates and compromise between the parties concerned.

•    Causing the complaint and the findings of the Commission on that complaint to be reported to the superior of the offending person or institution.

•    Referring matters to the Director of Public Prosecution or the Attorney General’s office for appropriate action to secure the termination of the offending action or conduct or the abandonment or alteration of the offending procedure.

•    Bringing proceedings to re-strain the enforcement of any legislation or regulation by challenging the validity of that legislation or regulation where the offending action or conduct is sort to be justified by reference to that legislation or regulation.

Public Administration
The Commission is empowered to investigate complains of injustice, corruption, abuse of power in office and unfair treatment of any person by a public officer in the exercise of official duties. It is also empowered to investigate complains concerning the functioning of any public service , service commission, administrative of organ of government, the armed forces, in so far as the complains relate to the failure to achieve an acceptable delivery of service or the recruitment to those services or fair administration by those services.

Integrity
Chapter 14 of the Constitution establishes a leadership code of conduct that seeks to ensure that those in leadership whether elective or appointed are transparent in their activities and accountable to the people they represent or serve, are committed to the rule of law and administrative justice, adhere the principle of service for common goal, do not abuse office and do not engaged in a conduct that is likely to lead corruption in public affairs.
Section 241(1) seeks to enforce the purposes of the code by requiring persons who hold public office mentioned in sub section 2 to submit to the integrity commission, a written declaration of all property, assets or any benefit gained  or liability owed by the holder of that office directly or indirectly.


The Commission on Human rights and Public Administration/Integrity is for purposes of enforcing the leadership code conduct constitute the integrity commission.


The commission may investigate any matter where a complain is duly made to it by any person alleging that the complainant has sustained an injustice as a result of a fault, or where a member of parliament request the commission to investigate the matter on the grounds that a person or body of persons specified in the request has or may have sustained an injustice or any other circumstances in which the commissioner in good faith considered that the commission ought to investigate the matter on the ground that some person or body of persons has or may have sustained an injustice

Procedure of Bringing complains

Complains can be file in writing through the office of the commissioner.
The Commission would the determine if there has been a violation of fundamental rights and freedom under the Constitution.
Take appropriate action for the remanding, correction or reversal of instances of the alleged violations.


Contact Information

Physical Address: 

Mbabane Office Park  

Sibekelo Building    

Postal Address

 

P.O. Box 8795

Mbabane    

Eswatini

Tel : (+268) 24049829/24047625/24049152
Fax : (268) 2404 9374

News Section

The Commission produces an annual report to parliament on the performance of the commission which includes statistics in such form and such details as may be prescribed of the complains received by the Commission and results of any investigations.

 

DOCUMENTS

Management of Elections
The elections management body in Swaziland is called the “Elections and Boundaries Commission”.  In terms of section 90 of the Constitution the King, on the advice of the Judicial Service Commission, appoints a 5 member Commission (a chairperson, deputy chairperson and three other members). The appointed persons are individuals who possess the qualifications of a Judge of the superior courts or persons of high moral character, proven integrity, relevant experience and demonstrable competence in the conduct of public affairs.

 

 

Vision

To be a leading elections management body in the region and global communication.
Mission Statement
To ensure free, fair, credible and transparent elections.
Value Statement

To render acceptable,  free and fair elections so to enhance democratic governance system.
The functions of the Commission are to:-

  • oversee and supervise the registration of voters to ensure free and fair elections at primary and secondary election;
  • facilitate civic and voter education;
  • review and determine the boundaries of Tinkhundla  areas for purposes of elections;
  • perform other in connection with elections or boundaries as may be prescribed; and
  • produce periodic reports in respect of the work done.

 

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