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 The case was withdrawn in March 2014 when the Times agreed to pay an out-ofcourt settlement of US$20 000.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 63