Investor's Guide To Eswatini

2 LEGAL AND JUDICIAL SYSTEM T 'he country has a dual (i.e. modern and traditional) political and governance system. A modern democratic parliamentary system, modelled along the lines of the British system with two chambers (the House of Assembly and the Senate), coexists with a traditional monarchy based on chiefdoms. The 2005 Constitution provides for the separation of powers between the executive, the legislature and the judiciary. The King remains at the top of both the constitutionally-cre- ated state and the traditional system. Since 1978, the traditional electoral system (tinkhundla) has functioned. These tinkhundla are administrative subdivisions (59 in total) based on a traditional governance system which underlies political organisation and representation in Parliament. The House of Assembly has 69 seats corresponding to the 59 tinkhundla seats that are democratically elected, in addition to 10 seats which are royal appointees. The Senate, constituting about 30 members, gives rise to a cabinet in accordance with ministerial portfolios. The Prime Minister is appointed by the King and also serves as Chairperson of Cabinet. Eswatini's legal system is based on Roman-Dutch law. The Chief Justice heads the judiciary and the courts, comprising the High Court, Magistrates' Court and the Industrial Court. Justice in Eswatini is administered by the judiciary, which is independent and subject only to the country's Constitution, in both its judicial and administrative functions including financial administration. The judiciary has jurisdiction in all matters civil and criminal, including matters relating to the Constitution and any such matters that are legally conferred on it. Investor's Guide To Eswatini 13

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