Four months on from the publication of the ICJ’s report on attacks on the legal profession, and after multiple expressions of concern relating to the state of judicial and legal independence by the UN Special Rapporteur on judges and lawyers, Eswatini has failed to take concrete measures to address the crumbling state of rule of law in the country.
The ICJ’s report, No Situation is Permanent” – Repression, Intimidation, Harassment and Killing of Lawyers in Eswatini, underscored that lawyers, particular those taking human rights cases and cases in public interest, face immense obstacles in operating independently in the country.
The UN Special Rapporteur has conveyed similar concerns to the Eswatini authorities, most recently in a communication issued on 7 April, pointing to reports she had received of regular and targeted attacks on lawyers, including killings and attempted killings. Prominent among these is the extrajudicial killing of human rights lawyer Thulani Maseko, regarding which there has so far not been an effective investigation, nor have those responsible been held to account.
According to Eswatini human rights lawyer Mzwandile Masuku:
“the UN Special Rapporteur’s communication raises pertinent issues that we as Eswatini lawyers have repeatedly raised with the authorities to no avail. The government’s apparent lack of response to the communication is disappointing”.
The ICJ is also concerned at the relative passivity of the Law Society of Eswatini in performing its statutory mandate to protect the rule of law and secure the independence of lawyers.
“The Law Society of Eswatini must play a bigger role in ensuring that lawyers are able to perform their mandate. Disappointingly, the Law Society has generally not responded adequately to complaints of its members about harassment and intimidation and has failed to put pressure on authorities to investigate the extra-judicial killing of Mr Thulani Maseko”, said Kaajal Ramjathan-Keogh, ICJ’s Africa Director.
The failure of the State authorities to ensure the rights of lawyers, coupled with the inadequacy of the Law Society to in discharging its protective function, have left the legal profession with little recourse.
“It is critical that lawyers are permitted to undertake their work without any fear of reprisal and that authorities endeavour to secure the independence of the judiciary. Unfortunately, it is often the case that the authorities have taken steps to endanger the independence of the judiciary instead of guarding it as required by the Constitution”, said Mzwandile Masuku.
https://defendlawyers.wordpress.com/2025/06/24/eswatini-authorities-fail-to-make-progress-in-addressing-dismal-state-of-the-independence-of-judges-and-lawyers/
