Eswatini is grappling with overcrowding challenges in its correctional facilities, which is not only a human rights issue but a serious resource drain for the country.  A recent assessment conducted by the Commission on Human Rights, Public Administration and Integrity revealed that nine out of the country’s 11 correctional facilities have accused persons who have been detained for more than 12 months without trial.

The assessment, launched on 04 July at the UN House in Mbabane, shows that the nine facilities accommodating pre-trial detainees have exceeded their combined capacity of 3,090 by nearly 50 percent. The Commission’s report highlights that while pre-trial detention is intended to ensure the attendance of accused individuals in court, extended periods in detention, particularly without trial, raise significant human rights concerns. 

These impacts are particularly severe for vulnerable groups such as the indigent, women, children, and juveniles. The prolonged detention exacerbates their hardships and undermines opportunities for rehabilitation. According to the Assessment of Pre-Trial Detainees in Correctional Facilities in the Kingdom of Eswatini report, the primary cause of prison overcrowding is systemic delays in the discharge of judicial processes. These delays are attributed to several factors, including:

1. Pending committals
2. Expired contracts for judicial officers, especially those appointed on an  acting bases.
3. Delays in the issuance of  judgments and sentences
4. Inefficiencies among legal representatives and a lack of accountability
5. Inability to afford bail even when granted by the courts

Lack of legal representation for accused persons to ensure a speedy trial, and lack of accountability where a pro bono counsel has been appointed. 

To address these challenges, the Commission’s report articulates several recommendations including:

1. Granting full jurisdiction to Magistrates’ Courts to handle rape and robbery cases, which is now overtaken by events because Magistrates Courts have been given jurisdiction for these cases through a directive.
2. Implement the Integrated Electronic Case Management System to improve the efficiency and efficacy of dealing with these cases.
3. Strengthen judicial oversight mechanisms.
4. Resuscitate the Criminal Justice Sector Forum to ensure the challenges are dealt with in a timely and in a multi-sectoral approach.
5. Promote continuous professional development for justice sector actors.
6. Introduce alternatives to pre-trial detention to reduce the backlog of cases.
7. Review the Criminal Procedure and Evidence Act to address the needs of offenders with psychosocial disabilities.
8. Develop reintegration guidelines for offenders.
9. Establish a systematic strategy to follow up on cases where co-accused individuals are out on bail, and lastly,
10. Create consistent processes for handling cases presided over by acting judicial officers.