Swaziland

Bucking regional trend, Zim court gives go-ahead to sue for adultery

Flaring political passions in the region continue to make news headlines, but the courts have been hearing about other kinds of passion as well. While Zimbabwe is alight with raging political conflict, and while citizens die at the hands of the police and security forces, the judiciary has been dealing with the burning issues of sex, adultery and maintaining the country’s “moral standards”. In a recent decision, the high court in Harare has held that a damages claim for adultery may go ahead.

Read the judgment here

Zimbabwe is burning, its social fabric in tatters as fatal political violence rages through the cities and countryside. But for a woman known only as AD, there are other priorities: her husband’s adultery and what the courts are going to do about it.

After discovering the alleged affair, AD brought a damages claim against the woman she identified as her husband’s partner in illicit sex, and is suing her for USD150 000

Swazi court makes news – by giving reasons for recusal

FOR some time, courts in Swaziland have been raising puzzled eyebrows over controversial recusal decisions made without explanation to the litigants involved. In one such case the en masse decision of a court’s members to recuse themselves has left litigants with nowhere to go, raising concerns that the right to access a legal forum to hear and decide a matter has been infringed. But now that country’s courts have made news of a more positive kind.

 

See the judgment here

THE dispute that led to an application for Judge Mzwandile Fakudze to recuse himself concerns election results. The applicants say, among other things, that a candidate recently returned as an MP was registered as a voter in the wrong constituency.

When “straying” courts need to be “reined in"

HERE is a rare situation: three judges of Swaziland’s highest legal forum, the supreme court, confessing they are at a loss to understand what is happening in the courts below. This after two high court judges issued contradictory orders in relation to a bail hearing and the supreme court was asked to intervene and sort out the mess. Did the supreme court have the power to do so? It was a novel question, testing certain of its constitutional powers for the first time.

This story appeared first in LegalBrief.

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