Mbabane — Despite the fact that Swaziland is a signatory to several international instruments that prescribes the norms on human rights, rule of law and administration of justice, the country continues to operate a legal system that contradicts the norms and standards that the rest of the region and most AU member states ascribe to.

This was stated in a report entitled: *"Swaziland: Justice Sector and Rule of Law”. The study reveals that there is a wide gap between what the Swazi government has committed to and what it practices.

The country has on paper, committed to upholding the principles of the African Charter on Human and Peoples' Rights, the International Convention on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women, yet its domestic laws go against such continental standards.

"The government of Swaziland should act upon commitments it has made to ensure that rule of law prevails and the rights of all its citizens are protected from impunity, discrimination and arbitrary justice," said Ozias Tungwarara director of AfriMAP.

The report cites the right to gender equality, whereby the common law assigns women in community of property the status of minors, which is still defined by laws that are contradictory. Laws that discriminate against women married to non-Swazi nationals are also prevalent in the current legal system, whereby spouses and children of such women are denied citizenship rights. The report calls on government to implement a plan of action that will remove the inconsistencies currently in place by creating an institutional mechanism that ensures that the review of compliance of Swazi law with international norms become a regular process.

The report also warns of an over bearing executive, which continues to interfere with the independence of the judiciary, violating the constitution in the process. It says that because the appointment of judges is not transparent, the public confidence in the judiciary remains low. It calls for an amendment of the constitution to ensure broader participation of stakeholders in the appointment of the Judicial Service Commission, which is says is politically tainted since all are royal appointees. This, it says, makes the judiciary vulnerable to abuses and violations of procedure and due process by government, which has become a common occurrence. It cites the case of the removal of a high court judge in 2011, which was not in compliance with the constitutional process. Cases of violations of various civil and political rights and disobedience to court orders by state officials are also prevalent.

The study acknowledges some progress that the justice sector has made, with the establishment of a Bill of Rights and the creation of various institutions mandated to promote justice and human rights. However, more needs to be done.

It also proposes a criminal justice review focusing on amendments of the Police and Prisons Act and other related statues to ensure that policing, prosecution and sentencing comply with continental and international treaties, which the government has signed and promised to implement. Failing which, it says, the Swazi people will continue to suffer the miscarriages of justice, abuse of power and authority, and impunity.