The Special Rapporteur on the Independence of Judges and Lawyers emphasized the fundamental importance of the independence of judges and lawyers in the protection of human rights and the rule of law.
In a social media post issued on 13 April 2025 after meeting Eswatini lawyers in Manzini, Margaret Satterthwaite, the UN Special Rapporteur on the Independence of Judges and Lawyers, noted that:
“Lawyers continue their work in the face of fear, especially after the killing of Thulani Maseko in 2023. I share their concerns about the independence of judges and lawyers in the country and will be carefully monitoring the situation. Lawyers must be free to work without intimidation, threats, or attacks.”
The International Commission of Jurists (ICJ) and the Centre for Human Rights at the University of Pretoria co-hosted the meeting to follow up on the February 2025 ICJ’s report “No Situation is Permanent” – Repression, Intimidation, Harassment and Killing of Lawyers in Eswatini.
At the meeting, the Special Rapporteur told the lawyers that she had already issued a communication to the Eswatini authorities, reiterating the concerns that her office had received over the past two years, and was awaiting a reply.
Lawyers present at the meeting expressed their disappointment at the non-attendance of representatives of the Council of the Law Society of Eswatini. In the run-up to the publication of the ICJ’s report, the President of the Law Society of Eswatini, Mr. Mangaliso Magagula, wrote a letter to the ICJ indicating that:
“Lawyers in the country carry out their functions free from intimidation, harassment, reprisals and other human rights violations. Lawyers operate independently and are able to determine which cases to take and which clients to represent.”
Concerning this, Kaajal Ramjathan-Keogh, ICJ Africa’s Director, commented that:
“It is difficult to square the President of the Law Society’s stated views with information provided to ICJ over many years.”
“The Law Society has a mandate to serve and protect all lawyers, including human rights lawyers, and uphold the rule of law. A strong and independent Law Society is critical to the protection of the independence of judges and lawyers in Eswatini”, she added.
Lawyers and other human rights defenders present at the meeting with the Special Rapporteur also raised concerns about the failure of key institutions, such as the Eswatini Commission on Human Rights and Public Administration, the Police, and other authorities to fully respond to the assassination of Thulani Maseko, a human rights lawyer, in 2025.
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