The Criminal Law and Procedure Act No.67 of 1938, as amended in 1975...

Capital punishment is mandatory for murder without extenuating circumstances, while treason carries a discretionary death sentence.
Swaziland has executed 34 convicted murderers since independence from Britain in 1968. The last person was put to death in 1982, when a prominent businesswoman, Phillipa Mdluli, was hanged for the ritual murder of her domestic worker’s daughter.
All death sentences are automatically referred to the Court of Appeal. If the sentence is confirmed on appeal, the convicted person has the right to appeal to the King for mercy. The King is advised by the Committee on the Prerogative of Mercy (Justice Minister plus two other ministers and the Attorney General).
On 13 and 14 October 2011, during the sub regional conference on death penalty held in Kigali and organized by Hands off Cain in partnership with Government of Rwanda, the Speaker of the House of Assembly of Swaziland, Prince Guduza Dlamini, expressed an engagement to initiate actions about the removal of the death penalty.
In 2015, no death sentences were imposed in Swaziland, where only one person, a Swazi national, was under death sentence at the end of the year.

Commutations of death sentences or suspension of executions
Until now, King Mswati III has developed a reputation for leniency, using official holidays and royal celebrations to commute death sentences to life terms and life terms to 15 or 20 years.
On 7 August 2015, King Mswati III spared the lives of two death row prisoners commuting their sentences into life imprisonment. The two prisoners who have been pardoned by the King are Mandla Maphalala and Richard Mabaso who had already spent about 15 and 13 years, respectively, for separate crimes involving murder. The King, who is also Commander-In-Chief of Correctional Services, added that all other prisoners would have their sentences reduced. The King announced his pardon during the Correctional Services Day. “As we have said that the Correctional Services has a duty to rehabilitate offenders and make them realise their mistakes, we are pleased to pardon serving prisoners by reducing their sentences,” said the King, as the crowd applauded and shouted, “Bayethe, Wena waphakathi!” [Long Live Your Majesty]. The theme of 2015 Correctional Services Day was “From Prisons to Corrections – 20 years Down Memory Lane”. In his speech, King Mswati III said offenders were directly responsible for their behaviour and, therefore, must learn the full impact of what they did and develop a plan for making amends with the persons they violated.

United Nations
On 18 December 2014, Swaziland was absent during the vote on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly. It voted against in 2012, 2010 and 2008. It abstained in 2007.