Legislation in Eswatini Research Paper
A law is a system of rules created and enforced through social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been described in different ways as a science and the art of justice.
Eswatini does not have a single code containing its laws. In the Kingdom of Eswatini these laws are drawn from a variety of sources. The following are sources of Eswatini law are;
• Common Law
• Judicial precedent
• Customary Law
• Authoritative texts
• Royal decrees
Eswatini Government regulates the structure of the businesses. The business industries are adhered to by different policies put in place by the government. There are many ways in which the government affects business in Eswatini. Three of them are mentioned below;
1.Immigration Audit - The government does not tolerate the business or company to employ those who illegally immigrated to work in Eswatini. I remember when my friend from the United States of America came to Eswatini, every company that he has to work with will request for his Social Security Number and he needs to sign a background check form so that they will know if he is worthy to work in Eswatini. According to the Eswatini Employment Act 1980, No. 5/1980 which is published on the Government Gazette, 1980-10-10, Extraordinary “The Eswatini government can conduct surprise immigration audits at any time, so if any illegal laborer is found, your company’s image and operations might be seriously crippled”. Most of the businesses have to tailor their operations according to government policy if not they will face a legal charge or be sanctioned.
2. Aggrieved Employee - Business laws affect employer to employee relationships and vice-versa, In Eswatini, employees have many rights bestowed upon them through various statutes, regulations and even common law. If you ask an employee who has not been performing his/her duties to resign, or to ensure that he/she has signed the necessary documentation to guarantee its enforceability and to avoid allegations of wrongful dismissal.
3. Copyright and Patent Issues – Recently, many leading companies in the IT industry such as the Royal Science and Technology Park faced aggressive patent litigation. Some companies often sit on a patent for several years hoping that another novice company inadvertently violates the patent so that they can easily extract money through a patent and copyright lawsuit.
Describe the nature and source of the law involved, give possible reasons for the law.
The Eswatini government house of parliament, ministries, ministries departments and agencies are the main source of the law involved to enable the business industries and operation policy to be enacted and the reason being that people can follow the right standard obligation to enable peace co-existence and fairness in all various departments.
Describe impacts of the law on business (both positive and negative)
Business regulatory body - The Government of Eswatini has a positive impact on businesses within the country, for example the food industry has a measure for safety. The health and safety council take this measure seriously, if a company could not comply with these policies the organization can be sanctioned or closed.
The Business Operations uncertainty - With the impact of covid-19 pandemic issues in 2020 the main operations of the business experience negative impact to the extent that employees are laid off and most cases employers could not be able to continue paying the wages and salaries.
Subsidy - The government of Eswatini has asked banks to give at least a 3 months grace period for individuals to pay their stop orders for loans in banks if a stop/debit order is defaulted before taking any lawsuits, this is a positive impact on many businesses. This is also inclusive to homeowners, tenants ,just to name a few.
Ways that the law could be improved in Eswatini
There must be certain laws that should be enforced to uphold law and order. Therefore, whoever breaks any of these laws is obligated to get their reward. This will preserve law and order even in our society. There are, moreover, a lot of ways in which you can strengthen law and order. Second, the government needs to make sure that we have qualified citizens in our society to uphold law and order, so it should invest more in education.
It is suggested that we educate these persons prior to compliance. Hence, the department of law enforcement forces citizens to obey the rules made by these agencies. It is advisable to remember that deterrence is not the only way to place criminals on the right track. That is why before you vote on any decision, a lot of findings should be weighed. The following are some of the ways to improve law and order.
Volunteer - In our culture, this is one of the best ways to strengthen law and order. You will decide to volunteer as a resident and decide to help police, in community works such as Tinkhundla and Umphakatsi. Knowing that the roles for volunteers is crucial. Any of the duties or responsibilities for volunteers are patrolling, doing some clerical functions, rescue operations, compliance, social work (bagcugcuteli), assisting with equipment and property inventories.
Complain or compliment - Another way the country can strengthen or preserve law and order. Therefore, you can share your concern with the appropriate officers if you have successful contact with the police officers. You may also have a topic you need to hear more about, too. Have no hesitation in asking. Ensure that you ask your questions and get instant solutions. Also, if some criminal cases have been recognized or noted, make sure that you report them.