A voice for African justice: legal community mourns pioneering eSwatini Chief Justice Bheki Maphalala

African judicial leaders and lawyers are mourning the death of eSwatini Chief Justice Bheki Maphalala, a leading African jurist who rose from private practice to lead his country’s judiciary for almost 11 years, and became a prominent voice for judicial cooperation across the continent.

Maphalala died on Thursday, 10 September, while receiving medical treatment in South Africa. His appointment to the role of Chief Justice in 2015 marked a significant moment for the former Swaziland's judiciary: after generations in which senior judges from elsewhere in the Commonwealth had occupied the country’s highest judicial office, he became the first liSwati to permanently hold the position. Three years into his tenure, Swaziland became eSwatini, making Maphalala the inaugural Chief Justice of the renamed kingdom.

Kenya’s Chief Justice Martha Koome remembered a colleague “deeply committed to regional judicial cooperation and solidarity” through his leadership and active engagement in the Southern and Eastern Africa Chief Justices’ Forum (SEACJF).

“His contribution to the Forum reflected his conviction that the challenges confronting our Judiciaries are best addressed through collaboration, the sharing of experiences and sustained dialogue among judicial leaders,” said Koome, who serves as SEACJF Vice-Chairperson.

“He was a valued colleague whose wisdom and contribution enriched our collective deliberations and strengthened the bonds between Judiciaries across Southern and Eastern Africa.”

Maphalala’s regional impact was also reflected in tributes from elsewhere on the continent. Angola Constitutional Court President Laurinda Prazeres described his death as a loss for both eSwatini’s judiciary and the wider African judicial community, highlighting his commitment to cooperation and institutional dialogue.

Prazeres recalled Maphalala’s visit to Angola as recently as February, when he participated in a constitutional forum focused on the rights and guarantees of young women and African children.

At home, Zwelethu Desmond Jele, Senior Partner at Robison Bertram Attorneys, pointed to the practical impact of Maphalala’s leadership, including the appointment of at least 12 High Court judges and six Industrial Court judges during his tenure. Increased capacity at the Industrial Court, Jele said, helped significantly reduce a longstanding backlog.

“The Courts were, quite simply, functioning. Matters were being enrolled, heard and determined,” Jele said, also crediting Maphalala with strengthening the Supreme Court through the appointment of local judges.

Those appointments continued a broader shift towards greater localisation of the senior judiciary — a process in which Maphalala himself had broken new ground. After practising as an attorney from 1992, he joined the High Court in 2009 and in 2011 became the first liSwati permanently appointed to the Supreme Court. He became acting Chief Justice four years later before his permanent appointment in November 2015.

The eSwatini Government said Maphalala had led the judiciary through “an important and consequential period” in the evolution of the kingdom’s justice system, while consistently affirming the principle of judicial independence.

That focus extended into his final months as he engaged with challenges facing African courts, including the implications of AI and digital technology for electoral justice.

Koome said his passing would be felt across the region.

“At this difficult moment, our thoughts and prayers are with his family, his colleagues in the Judiciary of Eswatini, and all those whose lives he touched through his public service.”