some of these limitations actually entrench existing restrictive laws. For instance, preventing the release of information because it is received in confidence can be used to justify the Official Secrets Act 1963, which prohibits access to any kind of government-held information. Before the Constitution was finalised, there were many objections to this basic law, “but it was pushed through anyway.” Ironically, those who pushed it through are now reluctant to allow constitutional rights in practice. Customary law, which under Swaziland’s dual legal system has equal status with the Roman Dutch Common Law and statutes, continues to restrict freedom of the media and freedom of expression. For instance, there are cultural dictates that prevent people from criticising or questioning those in authority, especially the King. Although, in theory, the Constitution is supreme over all other laws, unwritten customary law wields enormous power in practice and because Swazi Law and Custom is not codified, it cannot yet be tested against the Constitution. Section 268 of the Constitution states that the Constitution is to prevail when in conflict with existing legislation. However, this does not mean all laws that contradict the Constitution are automatically nullified. There is a raft of laws restricting media freedom and freedom of expression that remain on the statute books (see 1.3). Only when these laws are challenged in court, repealed or amended will they cease to have an impact. As long as these laws remain unchallenged, “we are at sea.” For example, the Constitution protects freedom of association and assembly, but the 1973 Proclamation banning political parties has not been declared unconstitutional, so there is much reservation and uncertainty about registering political parties. The prevailing feeling is that there has been little real progress with regard to protecting and guaranteeing freedom of expression and media freedom because of the onerous list of limitations in Section 24 (3) of the Constitution, the failure to repeal or amend the laws that inhibit these freedoms, the power of customary law and the ruling elite’s reluctance to see the constitutional guarantees in action. It should be noted that the Ministry of Public Service and Information is attempting to introduce new media laws, including freedom of information legislation, aimed at reforming the media landscape. Consultations on the draft bills are ongoing. SCORES: Individual scores: Average score: 1.2 2, 2, 2, 2, 2, 2, 3, 2 2.1 (2005=1.5) The right to freedom of expression is enforced and citizens, including journalists, are practised without fear. ANALYSIS: There has been a noticeable increase in the exercise of freedom of expression, both by individuals and the media. It is more common now to hear people challenging government and speaking out. The media is giving voice to a greater diversity of opinions. During a recent workers’ strike, trade unionists and other progressives were granted considerable airtime on state television: “They wouldn’t have had such a platform in the past.” This increase in free expression can be credited, in part, to the adoption of the Constitution, which has created greater public awareness about freedom of expression. The fact that the So This Is Democracy? 2007 -227- Media Institute of Southern Africa