Helping to deliver justice in Swaziland

On 16 March 2009, Justice Mabel Agyemang issued a landmark judgment in Swaziland’s High Court, affirming the right of every Swazi child to receive free primary education as set out in the country’s 2005 Constitution.

“Decisions like this are seen as a great help in a country where school fees keep children out of school,” says Justice Agyemang. A labour support group had filed the case, arguing that government departments should not plead budgetary constraints, and that primary education must be offered to the 16 per cent of Swazi children who currently miss out.

The ruling was hailed by local media and civil society organisations as a victory for the developing, independent Swazi judicial system and for the rights of the child.

Justice Agyemang, a Ghanaian who had previously worked in The Gambia through the Commonwealth Fund for Technical Co-operation (CFTC), was appointed to the High Court of Swaziland in October 2008 for a two-year assignment to help strengthen the judiciary and deliver fast, expert judgments on cases.

Her other key rulings have spanned both private and public law, including cases on defamation, unlawful arrests and police brutality, as well as election disputes, a case that affirmed the right of local newspapers to report on a church leadership dispute, and another which upheld the legality of Swaziland’s Electoral Commission. The last case, which put to rest simmering discontent regarding the electoral system by reason of the composition of the election organising and supervising body, was decided in March 2009 by the full bench of the High Court. Justice Agyemang delivered the majority judgment.

“I believe in delivering good judgments that can be respected and defended, creating confidence in the judiciary,” states Justice Agyemang. “To do so without delay creates even more confidence. I am pleased that many of the cases that were pending for a long time have now been concluded, and that steps are being taken to entrench democratic principles and the rule of law.”

Justice Agyemang’s typical day sees her hearing cases from the morning until the late afternoon. She then spends her evenings reading cases and writing judgments. She is also preparing to train Swazi magistrates, thus ensuring that her skills, together with the legal precedents set by her rulings on various cases, will be passed on to others.

“When I was leaving The Gambia, a lot was said about the fact that a Ghanaian judge had contributed immensely to the jurisprudence of The Gambia,” she recalls. “Such a contribution can only improve co-operation in the future between the two jurisdictions. Meanwhile, the home country is undoubtedly enriched by the experience its judges have gained from another common law country.”

According to Justice Agyemang, her CFTC postings have helped to broaden her professional experience. Her previous assignment, to The Gambia from September 2004 to 2008, saw her sitting as a High Court judge. Here she was so successful that the Justice Ministry asked her to serve for an additional year in the country’s Court of Appeal. However, she declined the offer in favour of an assignment in Swaziland, so that she could further broaden her experience.

“My last assignment, in The Gambia, opened up my horizons and expanded the frontiers of my application of the law. The experience helped me so much in my career that I was emboldened to take up this posting in Swaziland, working for the first time with a Roman–Dutch rather than English common law system,” she says.

“Indeed, I believe from here the sky is the limit in realising my professional aspirations.”

Key Links:

• Country Profile: Ghana
• Rule of Law
• Country Profile: Swaziland
• About the CFTC