Ndumiso Dlamini, the court president who threw out Hlengiwe Msibi’s case, proclaimed the sentence in Mliba’s traditional court.

Involving a fight between romantic rivals, assault with a weapon, and severe bodily harm, the details of the case were nearly identical to Ms. Msibi’s. This time however the evidence and a witness were presented and the verdict was guilty.

Following up on Ms. Msibi’s case, members of Buhle Dube’s JusticeMakers team were on hand to view the traditional court proceedings.

Above: Swazi Court president Ndumiso Dlamini speaks to a witness during an assault case heard in Mliba, Swaziland. (Photo by Nicholas Loomis.)  

Presided over by a court president the traditional courts rely on orally transmitted Swazi customs and the Swazi Courts Act of 1950 when producing their decisions. A parallel magistrate court system employing legal representation and western-style law codes also exists. The traditional courts generally hear less serious civil and criminal cases from petty theft to common assault. Corporal punishment such as caning, while no longer used in practice, still remains on the books as a constitutionally viable sentence.

Above: The complainant, left, and the defendant, right, stant before the Swazi Court officials during a vandalism case heard in Mliba, Swaziland.  (Photo by Nicholas Loomis.)

Explaining the structure of the courts Dube pointed out the challenges the courts pose to human rights.

“Only customary rules, rules of customary law, apply,” Dube said. “Which means your rule of evidence does not apply which would mean you cannot ask for evidence obtained through torture to be disregarded.”

Mr. Dlamini however was adamant in insisting that the courts and their officers take human rights into account.

“That is not true, we are being trained every year,” Mr. Dlamini insisted.

“We are well versed in human rights.”

Above: A police officers swears in under the portrait of King Mswati III before testifying during a session of Swazi Traditional Court in Mliba, Swaziland. (Photo by Nicholas Loomis.)

While traditional court officials are sensitive about questions of human rights JusticeMakers intern Phakama Shili maintained they do not always carry this attitude into the courtroom.

“In fact the human rights of the individuals in practice they are not observed but theoretically they may admit that ‘we do know about human rights, we’ve been trained,'” Shili said.

Indeed instances in the trial seemed to highlight both the ignorance of the accused and possible violations of their rights.

“There are so many things that happen in the courts that greatly affect human rights,” Shili claimed. “In one of the cases that we’ve been to the accused didn’t produce any witness yet the complainant produced some witnesses so there is that imbalance there.”

Above: A police officers swears in under the portrait of King Mswati III before testifying during a session of Swazi Traditional Court in Mliba, Swaziland.  (Photo by Nicholas Loomis.)

Above: Hlengiwe Msibi pauses as she recounts the ordeal that led to her trial, which JusticeMakers has taken an interest in, outside her home near Manzini, Swaziland. (Photo by Nick Loomis.)

“The court president stated that if a person stabs you, you should stab him back, Hlengiwe said. “So the accused was acquitted.”

That is when Buhle Dube and the JusticeMakers stepped in to investigate her case. Already observing the court they approached Hlengiwe after the verdict.

“There’s a lot of irregularities,” second-year law student and JusticeMakers intern Phakama Shili said. “We are going to take up the matter for review.”

Pointing to other events that occurred before the trial Hlengiwe sees evidence of corruption.

“Police officers told them (the accused and boyfriend) that they must carry 240 Emalangeni for the fine and the accused was told to bring the knife she used to stab me,” Hlengiwe said, adding this could have influenced the verdict.

Above: Hlengiwe Msibi says stands near her home outside Manzini, Swaziland. (Photo by Nick Loomis.) 

“That decision had been taken a long time ago because the police officers were given money by my boyfriend and the accused.”

Complicating matters is the traditional courts’ structure, which does not allow lawyers and employs a convoluted system of appeals. The JusticeMakers have discovered these difficulties firsthand while working on her appeal.

“The law was not clear on what to do in that regard so we wrote to the highest authority within the customary courts hierarchy asking them to order a review of that case so that the complaint we’re bringing to them can be addressed,” Dube explained.

“Unfortunately the letter bounced back.”

Above: Hlengiwe Msibi pauses as she recounts the ordeal that led to her trial, which JusticeMakers has taken an interest in, outside her home near Manzini, Swaziland. (Photo by Nick Loomis.)

Referring to the lack of justice and bureaucratic red tape Hlengiwe says her trust in the Swazi courts has eroded.

“I feel like I’m being suppressed,” Hlengiwe said. “I was hard done by the decision and I felt like we were not in the real justice system.”