Editor of The Nation Bheki Makhubu and human rights
lawyer Thulani Maseko sentenced to two years in prison,
without the option of a fine for separate news articles
each wrote criticising the kingdom’s chief justice, published in the independent news magazine, The Nation.
Photo: MISA Swaziland

freedom is not absolute” in Swaziland,
but rather it is conditional on and subservient to the rights of others (in this
case, the judge who was attacked) and
the public interest.
The media fraternity was still reeling
from the harsh sentence handed down
to Makhubu and Maseko when, on 3
December 2014, appeal judges continued Swaziland’s clampdown on free
expression and upheld a controversial
US$55,000 defamation claim against
the country’s only privately-owned
newspaper, Times of Swaziland (The
Times). The claim was lodged by Swaziland Senate President, Gelane Zwane,
who sued The Times over an article raising questions about Simelane-Zwane’s
birth name and the subsequent legitimacy of her chieftaincy of KoNtshingila.
This is reportedly the highest defamation
claim to be awarded by any court within

the member states of the Southern African Development Community (SADC).
And in their ruling, the judges emphasised Simelane-Zwane’s high-status in
Swazi politics and society, suggesting
the more powerful one is the higher
their win should be.
The Times was also involved in a case
earlier in the year, when former Deputy
Prime Minister, Themba Masuku sued
them for defamation over an article alleging Masuku used government money
to fund his wife’s trip to the United States.
The case was withdrawn in March 2014
when the Times agreed to pay an out-ofcourt settlement of US$20 000.
Even The Swazi Observer (The Observer) – owned by King Mswati’s personal
investment arm, Tibiyo taka Ngwane
– drew the ire of the Chief Justice by
publishing stories exposing injustices.

So This is Democracy? 2014

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