The parastatal, Swaziland Posts and Telecommunications Corporation (SPTC), governed by the SPTC Act 1983, issues radio and telecommunication licenses and all frequencies (including television frequencies). The state-owned Swaziland Television Authority (STVA), which operates Swazi TV and is governed by the STVA Act 1983, issues television licenses. These two Acts set up a major conflict of interest in allowing government to be both an operator and the regulator. Thus, the broadcasting sector is uncompetitive. There are no adhered-to rules and procedures for granting licenses. In practice, getting a broadcasting license is a very murky and cumbersome process that discourages new players. The only two non-state broadcasters, VOC and Channel Swazi, were issued licenses under “gentlemen’s agreements”. However, there are efforts under way to reform broadcasting legislation. The Information and Media Policy adopted in 2005 promotes the three-tier broadcasting system and calls for an independent broadcasting regulator. The Ministry of Public Service and Information, tasked with implementing the policy, has produced two draft bills. The Broadcasting Draft Bill 2007 repeals the STVA Act 1983 and seeks to establish an independent regulator, and the Public Broadcasting Corporation Draft Bill 2007 seeks to transform the state broadcasters into public broadcasters. The consultation process on the draft bills is ongoing, but stakeholders have expressed dissatisfaction with the Commonwealth consultant and are concerned that the consultations have not been inclusive. Meanwhile, the Ministry of Tourism, Environment and Communications (MOTEC) has drafted the Telecommunications Bill to replace the SPTC Act 1983. This bill covers regulatory powers, as does the Broadcasting Draft Bill. However, there was no collaboration between MOTEC and the Ministry of Public Service and Information in the drafting of these two bills. The consensus is that they need to be harmonised to establish a single communications regulator. SCORES: Individual scores: Average score: 2.5 1, 1, 1, 1, 1, 2, 2, 1 1.3 (2005=1.1) Community broadcasting enjoys special promotion given its potential to broaden access by poor and rural communities. ANALYSIS: There are still no community radio stations operating in Swaziland. The Lubombo Community Media Group has been trying to establish a station for the past eight years, but is yet to be granted a license. This despite the fact that the former Minister for Information promised to issue several community licenses after the adoption of the Information and Media Policy in 2005. The Policy states, “As a means of expanding public access and participation in mass media and development, community radio stations shall be introduced in the Kingdom of Swaziland, licensed for an initially renewable period not exceeding 24 months, owned and managed by a particular community through a trust or association, and whose main aims shall be to serve and benefit the community in question.” Lubombo Community Radio (LCR) has been granted three temporary licenses to broadcast royal events. The most recent was a 3-day license to broadcast the King’s birthday celebrations. But the licensing process was frustratingly slow and the license was only granted on the day the station was scheduled to begin broadcasting, preventing LCR from raising funds, advertisSo This Is Democracy? 2007 -233- Media Institute of Southern Africa