ICJ Ruling Reignites Eswatini’s Hope for Land Restoration in South Africa

MBABANE – A recent ruling by the International Court of Justice (ICJ) concerning a border dispute between Gabon and Equatorial Guinea has sparked renewed optimism in Eswatini over its own long-standing claims to land in South Africa.

Eswatini is currently pursuing the reclamation of territories historically taken during colonial times. This effort is being led by the Border Restoration Committee (BRC), which has the national mandate to work towards restoring Eswatini’s territorial integrity.

ICJ Judgment Inspires Confidence

On May 19, 2025, the ICJ delivered a landmark ruling in a maritime and sovereignty dispute over islands between Gabon and Equatorial Guinea. While the specific case involved maritime boundaries, it set a critical legal precedent on how international law views historical treaties and sovereignty.

The ICJ concluded that the 1982 United Nations Convention on the Law of the Sea was the prevailing legal framework. Although Gabon had invoked the Bata Convention, the court determined it did not carry binding legal force under international law. The judgment clarified the ICJ’s role is not to redraw borders but to interpret legal instruments and treaties to ascertain sovereignty.

This clarification is significant for Eswatini, whose BRC is relying on historical treaties, including those signed with colonial powers, to assert its claims to territories in South Africa such as Pongola, Ingwavuma, and parts of KwaZulu-Natal.

AG Weighs In: Legal Path Forward

Eswatini’s Attorney General, Sifiso Mafelenkhosi Khumalo, said the ICJ’s legal interpretation could be useful in Eswatini’s case. “The legal instruments may not be the same and international lawyers may advise that the people settled in the disputed land be engaged,” he stated.

Khumalo added that Eswatini has various legal avenues to pursue and the BRC was exploring the best path forward, possibly involving third-party mediation or seeking a formal judicial settlement.

Call for Reparation and Recognition

Human rights lawyer Sipho Gumede, who supports Eswatini’s territorial claim, argued that the recent ruling opens new doors for justice. “That door had not been opened. It is just that the BRC never considered it. However, there was a UN resolution that limited the reclaiming of lost land,” he said.

Gumede suggested Eswatini could present its case to the ICJ or other international bodies and seek both territorial and financial restitution for historic injustices. “This can be fuelled by the economic prospects of both countries. Do you think the white man would want the grant forests in Eswatini when they live in South Africa richer? Surely, they would not!” he exclaimed.

His Majesty Appoints New BRC

Just a week ago, His Majesty King Mswati III reaffirmed the nation’s commitment by appointing a new BRC chaired by Chief Mgebiseni Dlamini. The new team includes several high-profile figures such as Prince Hlangusemphi, Princess Mnisi, Princess Tsandzile, and senior politicians like Majaha Dlamini and Lobhuhle Magongo.

The new BRC has been tasked with negotiating the return of land taken during colonial-era border adjustments, particularly in regions bordering Eswatini such as KwaZulu-Natal.

Conclusion: A Long Road Ahead

Though the legal battle may be complex, Eswatini’s renewed energy, bolstered by global judicial developments, signals a determined and structured approach. With the backing of His Majesty and a reinvigorated BRC, the Kingdom is positioning itself to reclaim its historical lands through peaceful legal channels, inspired by international rulings and rooted in decades of unresolved colonial injustices.

As legal momentum builds globally around colonial border disputes, Eswatini’s case stands as one to watch in the broader African effort to address lingering post-colonial territorial issues.