Justice Mabel Agyemang, a Ghanaian who had previously worked in The Gambia through the Commonwealth Fund for Technical Co-operation (CFTC), was appointed to the High Court of Swaziland in October 2008 for a two-year assignment to help strengthen the judiciary and deliver fast, expert judgments on cases.
On 16 March 2009, Justice Agyemang issued a landmark judgment in Swaziland’s High Court, affirming the right of every Swazi child to receive free primary education as set out in the country’s 2005 Constitution.
‘Decisions like this are seen as a great help in a country where school fees keep children out of school,’ says Justice Agyemang. A labour support group had filed the case, arguing that government departments should not plead budgetary constraints, and that primary education must be offered to the 16 percent of Swazi children who currently miss out.
The ruling was hailed by local media and civil society organisations as a victory for the developing, independent Swazi judicial system and for the rights of the child.
Her other key rulings have spanned both private and public law, including cases on defamation, unlawful arrests and police brutality, as well as election disputes, a case that affirmed the right of local newspapers to report on a church leadership dispute, and another which upheld the legality of Swaziland’s Electoral Commission.
The last case, which put to rest simmering discontent regarding the electoral system by reason of the composition of the election organising and supervising body, was decided in March 2009 by the full bench of the High Court. Justice Agyemang delivered the majority judgment.
The Commonwealth Fund for Technical Co-operation (CFTC) is the principal means by which the Commonwealth Secretariat delivers development assistance to member countries.
To read more from the Commonwealth Secretariat on Justice Agyemang’s work in Swaziland
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