Navigating the Dissolution of Double Marriages in Eswatini

NAVIGATING THE DISSOLUTION OF DOUBLE MARRIAGES IN ESWATINI In the Kingdom of Eswatini, love—and the law—can take two very different forms. Thanks to the country’s unique dual legal system, couples may find themselves married not once, but twice—once under Swati law and custom, and again under Roman-Dutch common law. While each marriage is legally valid, […]

NO CESSION, NO CASE – INSURER RIGHT OF SUBROGATION REFINED

NO CESSION, NO CASE – INSURER RIGHT OF SUBROGATION REFINED Introduction The High Court of Eswatini has recently delivered a pivotal judgment that refines the limits of an insurer’s right of subrogation and reiterates the fundamental principle that only parties with proper standing may institute legal proceedings in their own names. In the matter of […]

BACK IN THE HOTSEAT

BACK IN THE HOTSEAT In any workplace, dealing with misconduct is part of the territory. But what happens if an employee is disciplined—and then later called in again for the same offence? Is that fair? Is it legal? This is where the concept of double jeopardy comes in. Though the term is usually heard in […]

TWO HOMES, ONE FUTURE: RE-THINKING CO – PARENTING AND MAINTENANCE

TWO HOMES, ONE FUTURE: RE-THINKING CO – PARENTING AND MAINTENANCE   Introduction The issue of co – parenting and the maintenance of a child or children between couples is often a tricky situation, especially, if there is no cohesion between both parents and/or guardians of the minor child(ren) in such a situation. The animosity that […]

The Divorce Landscape in Eswatini

THE DIVORCE LANDSCAPE IN ESWATINI Date published: 25-04-2025 Historically, divorce in civil rites marriage in Eswatini was governed by Roman Dutch Common Law, which recognized only two grounds for divorce: adultery and desertion. This limited framework often left many individuals in challenging situations, as the grounds for obtaining a divorce were restrictive and failed to […]

Condonation in the context of Review Applications.

CONDONATION IN THE CONTEXT OF REVIEW APPLICATIONS Date published: 01-04-2025 In the recent determination of Ho’s Enterprise (Pty) Ltd v Mngomezulu and Others (2355/2022) [2025] SZHC 27, the High Court of Eswatini addressed an application for condonation concerning the late filing of a review application. The court emphasized that condonation is an indulgence granted at […]

Pacta Sunt Servanda – To which extent?

PACTA SUNT SERVANDA – TO WHICH EXTENT? Date published: 01-04-2025 In Eswatini, the principle of pacta sunt servanda—Latin terminology for “agreements must be kept”—is fundamental in contract law, emphasizing that parties are generally bound by the terms they voluntarily agree upon. However, when it comes to jurisdiction clauses that attempt to exclude the authority of […]

Talent Management

TALENT MANAGEMENT Date published: 12-12-2024 Workplace redeployment often attracts a negative stigma despite its ability to reinvigorate and reduce costs related to any employers’ staff complement. It is an option available to both the employer and the employee where the inability to meet a particular role is identified. The reasons for this are plentiful but […]