MBABANE – Questions surrounding the moderation of last year’s Bar Examination results have delayed the admission of about 50 aspiring lawyers into the legal profession.
The Bar Examination is a professional qualifying test that law graduates must pass before they can be admitted as attorneys and officially practise law.
The matter arose after candidates who wrote the exam in October 2024 reportedly obtained low marks. Chief Justice (CJ) Bheki Maphalala later proposed adding 20 per cent to their scores as part of moderating the results. However, the Law Society of Eswatini (LSE) raised concerns that such an approach could undermine professional standards and the credibility of the examination process.
The LSE clarified that it did not object to moderation itself, but maintained that any review of marks must follow recognised procedures and academic principles as outlined in the 1976 Appointment of Examiners and Conducting of Examinations Rules.
As a result, the release of the final results has been put on hold for over a year, affecting the admission of new attorneys and the scheduling of other key examinations in the legal profession.
The LSE clarified that it did not reject the moderation process, but only objected to the proposed method. The law society said moderation must follow recognised procedures and standards as set out in the 1976 Appointment of Examiners and Conducting of Examinations Rules.
The CJ, on the other hand, explained that his actions were guided by law and later cancelled the 20 per cent moderation, instructing that only the original results be recorded until the regulations are reviewed.
As a result, the release of the final results has been delayed for over a year, preventing the admission of new attorneys and the scheduling of subsequent bar, conveyancing and notarial examinations.
The LSE noted that this has negatively affected law graduates’ employment prospects and the overall development of the legal profession.
The law society has requested urgent engagement with the CJ and the attorney general to resolve the issue and has called for a review of the current examination and moderation system to prevent future challenges.
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CJ explains authority to moderate results
MBABANE – The Chief Justice, Bheki Maphalala, explained that his action of moderating the bar examination results is provided for by the law.
In a letter addressed to the Law Society of Eswatini (LSS) dated August 4, 2025, Maphalala explained that he moderates the examination results on the basis of the Appointment of Examiners and conducting of Examination Rules, 1976 and guided by the overall passing rate of the candidates as well as The Legal Practitioners Examinations Regulations, 1996.
In the letter, the CJ said the LSS was at liberty to proposed to the attorney general the amendment of the Regulations, 1996 as well as the Examination Rules, 1976.
“Accordingly, the moderated examination results of 20 per cent are cancelled pending the amendment of the Regulations and Examination Rules authorising the chief justice to moderate the examination results. The attorney general is advised to record only the original results obtained by the candidates during the examination results,” reads part of the letter written by the CJ.
The LSS wrote another letter to the Office of the CJ and this time, they reiterated their earlier request to be given an opportunity to engage with the CJ and the AG for a resolution of the issue of the moderation of the results. The LSS highlighted that it was of paramount importance that the results are moderated as required by the law and that such an exercise must be in accordance with recognised standards. In the same letter, the LSS provided what they said was clarity on the role of the CJ in the moderation of examination results. “We would like to clarify that your role in the moderation of examination results is to appoint a moderator and not moderate the results. Rule 3 of the Appointment of Examiners and Conducting of Examinations Rules, 1976 provides that: “In each examination referred to in Rule 2 hereof a person appointed by the chief justice shall act as moderator in addition to the three examiners”,” said the LSS.
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