SWAZILAND

INTRODUCTION
Following the promulgation of the Constitution of the Kingdom
of Swaziland, including a Bill of Rights, in 2005, the onus is now on
the Swazi Government to create an enabling environment within
which all citizens can fully enjoy the inalienable human rights
of the constitutional dispensation. From a media perspective,
this involves reforming a battery of 32 media-restrictive laws
which a 2003 Media Law Audit found to be inconsistent with
the Constitution. This also involves enacting new media laws to
easily and faultlessly implement the provisions of the supreme
law of the land.
In accordance with Chapter 3 of the Constitution, which
provides for the Protection and Promotion of Fundamental
Rights and Freedoms, the then Ministry of Public Service and
Information, (now the Ministry of Information, Communications
and Technology) went on to formulate an Information and
Media Policy aimed at eradicating information poverty within
the estimated 1.2 million Swazi population. Only a free flow
of information enables citizens to make informed choices and
decisions about critical social, economic, political and cultural
development issues.
Following the introduction of the 2005 Information and Media
Policy, another important legislative development occurred
aimed at easing access to public information- information in the
custody of public officials who often withhold it, forgetting they
hold such information on behalf of the public. To this end, the
then Ministry of Public Service and Information crafted six media
bills. One of them was the 2007 Freedom of Information and
Protection of Privacy Bill which sought to foster openness and
transparency through access to information. It was well received
by media practitioners.
However, ten years down the line, accessing public information
remains extremely difficult in the Kingdom. Worse still, the
2007 Freedom of Information and Protection of Privacy Bill is
collecting dust on the shelves in an office in the ICT Ministry.
There seems to be no political will whatsoever to promulgate a
freedom of information legislation even before the dissolution of
Parliament1 in the build up to the 2018 Elections.
Swazi citizens continue to be deprived of critical information
through the lack of a right to access public information. This state
of affairs is in gross violation of Article 24 of the Constitution
which states that a person has the ‘freedom to receive ideas
and information’. MISA Swaziland has mounted an access to
information campaign in a strong bid to push for the passage of
the Freedom of Information and Protection of Privacy Bill into
law.

Rationale and ReseaRch
PaRaMeteRs
The aim of this particular study is to evaluate the openness and
transparency of Swazi public institutions since the adoption of
1 The King dissolves the Parliament prior to the parliamentary elections held every
5 years.

74

the Constitution in 2005. It is hoped that this will support an
on-going access to information campaign which MISA Swaziland
has embarked upon for the last three years.
Its findings are expected to convince the lawmakers to enact the
Freedom of Information and Protection of Privacy Law, which
allows access to public information. Conducted between July
and August2017, this study focused on four ministries and four
public companies in the Kingdom.
The following public institutions were surveyed:
1. Ministry of Home Affairs
2. Ministry of Information, Communications and Technology
3. Ministry of Justice and Constitutional Affairs
4. Ministry of Tourism and Environmental Affairs
5. Small Enterprises Development Company
6. Swaziland Energy Regulatory Authority
7. Swaziland Railway
8. Swaziland Tourism Authority

SUMMARY OF KEY FINDINGS
Category 1: Website analysis
•

•

•

•
•

All four ministry websites surveyed are hosted
by the government website (gov.sz) and the only
distinguishing factor is the set of pictures shown in
the upper section.
Of the eight institutions surveyed, only three
public institutions have social media pages such as
Facebook and Twitter.
Of the eight websites surveyed, only one had a
professional organisational structure (Swaziland
Railway).
All the eight websites did not feature their budgets;
their budgets are found in the National Budget.
Only the Swaziland Tourism Authority’s website did
not focus on its internal operations but served as a
marketing tool.

Category 2: Requests for information
•

•
•

•
•

Of the eight surveyed public institutions, only three
managed to answer the information requests which
were hand delivered.
Two ministries and one public institution provided
answers to the questions.
Despite re-submitting the request for information
to Swaziland Railway upon request, the institution
failed to answer the questions.
None of the eight public institutions acknowledged
receipt of the information requests.
When called three times, five public institutions
promised to give answers to the questions at a later
stage but claimed to be busy with other things in
the meantime. All of these institutions failed to
provide answers to the requests for information.

Select target paragraph3