Law

MBABANE – The Judiciary is set to establish a crucial Criminal Case Clearing Committee to tackle the backlog of over 29 000 civil and criminal cases.

These cases have plagued the country’s justice system, with some matters lingering for a decade or more.

The committee will have the authority to identify stagnant cases that are unlikely to progress and, critically, make a determination if a case has become ‘cold’.

This mechanism is designed to provide much-needed closure for individuals trapped in protracted legal limbo.

A cold case refers to a legal matter that has become stagnant, prolonged and is unlikely to progress or be concluded through the regular judicial process within a reasonable timeframe.

This pivotal development was revealed during a Judiciary Strategy Validation session, where stakeholders deliberated on the Strategic Plan for the Judiciary 2024-2029 draft.

The session, held at the Hilton Garden Inn, brought together a wide array of legal and governmental representatives, including Supreme Court Judge Jacobus Annadale, who represented Chief Justice Bheki Maphalala, alongside UNDP specialists, registrars, masters of the High Court, commissioners, principal magistrates and representatives from the Law Society of Eswatini (LSE) and the Office of the Attorney General, among others.

The strategic plan follows a comprehensive situational analysis conducted by International Consultant Lyal Sunga, recruited by the United Nations Development Programme (UNDP).

Sunga’s assessment, which involved extensive interviews and a review of the country’s judicial framework, highlighted the urgent need for systemic reform.

A cornerstone of the new strategy is a collaborative effort between judges, magistrates, the registrar, the Office of the Director of Public Prosecutions (DPP), police and Correctional Services. This cooperation aims to triage the oldest unaddressed cases, prioritising those involving pre-trial detention. Assistant Attorney General Mndeni Vilakati welcomed the proposal but sought clarification on the definition of a backlog.

Full story in today’s paper.  

Manzini Principal Magistrate David Khumalo also posed questions and clarified on what was proposed the the Judiciary Strategy draft. (Pics: File)

A section of the stakeholders listening attentively during the Strategic Plan for the Judiciary 2024-2029 draft, Judiciary Strategy Validation session hosted by UNDP Governance at the Hilton Garden Inn.