This Country Profile provides a basic overview of the legal history and institutional structures of the Kingdom of Swaziland (Umbuso weSwatini), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Swaziland's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Swaziland is a landlocked country located in Southern Africa. It is bounded by South Africa and Mozambique. The administrative capital of Swaziland is Mbabane, and the royal/legislative capital is Lobamba. The official languages are English and siSwati. The country's population in 2017 was approximately 1.5 million. Swaziland is a predominantly Christian country, with about 90% of the population Christian.
Constitution & Legal Structure
Swaziland is referred to as an absolute monarchy, in which the Constitution is the supreme law of the land. The current Constitution of Swaziland was adopted in 2005. While the 2005 Constitution removed the king’s ability to rule by decree, it reaffirmed his absolute authority over the cabinet, Parliament, and judiciary. It also maintained the Tinkhundla system—in which local chiefs control elections for 55 seats in the House of Assembly—and did not overturn a ban on political parties. Broadly, Swaziland's system of government has three branches: legislative, executive, and judicial. The legal system of Swaziland is a mixed legal system of civil law, common law, and customary law. Swaziland does not have a single code containing its laws. The laws are drawn from a variety of sources: the Constitution, legislation, common law, judicial precedent, customary law, authoritative texts, and decrees.
Constitutional Status of Islamic Law
Islamic law has no constitutional status in Swaziland.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Swaziland.
Dominant School of Islamic Law
Swaziland has no official school of Islamic law.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].