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 […]

ADMISSIBILITY OF EVIDENCE OBTAINED WITHOUT CONSENT

ADMISSIBILITY OF EVIDENCE OBTAINED WITHOUT CONSENT Date published: 08-07-2024 In terms of the Electronic Records Evidence Act of 2009 as read with the Electronic Communications Act of 2013, video recordings are considered to be evidence and can be used in both  disciplinary hearings and court proceedings. They are useful to an employer at a disciplinary […]