THE HIGH COURT OF SWAZILAND
PRACTICE DIRECTIVE NO. 4/2011
TO: The Principal Judge
All Judges of the High Court
The Honourable Attorney General
The Director of Public Prosecutions
Registrar of the High Court
The Deputy Registrar of the High Court
Assistant Registrars
The Law Society of Swaziland
All Magistrates
All Swazi Courts
All Legal Practitioners
All Members of Staff
DATE: 16 JUNE 2011
- 1. It has come to the attention of the Chief Justice that some legal practitioners issue summonses or applications for civil claims against His Majesty the King and iNgwenyama. The attention of legal practitioners and litigants is hereby drawn to s 11 of the Constitution which provides as follows:-
“11. The King and iNgwenyama shall be immune from –
(a) suit or legal process in any cause in respect of all things done or omitted to be done by him; and
(b) being summoned to appear as a witness in any civil or criminal proceedings.”
- 2. Accordingly, the Chief Justice hereby issues the following Practice Directive:-
(1) Summonses or applications for civil claims against His Majesty the King and iNgwenyama, either directly or indirectly, shall not be accepted in the High Court or any other Court in the country.
(2) The Registrar of the High Court and/or all those entrusted with receipt of court processes in this country are hereby directed to refuse to accept any summons or application specified in 2(1) above.
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M.M. RAMODIBEDI
CHIEF JUSTICE