Practice Directive No.4/2011

 

 

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. 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.”

 

  1. 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.

 

 

 

 

________________________

M.M. RAMODIBEDI

CHIEF JUSTICE

 

 

Date: 
16 June 2011
Number: 
4