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The more things change, the more
they stay the same. This proverb aptly
describes the unchanged media environment in the Kingdom of Swaziland.
Nothing has changed in the seven years
since the adoption of a new Constitution in 2005. Section 24 of the Constitution guarantees freedom of expression, including freedom of the press and
other media, yet in reality this freedom
remains largely theoretical.
The three seats of power – government, big business, and media owners
– continue to violate the constitutional
rights of citizens to freedom of expression. In defiance of the kingdom’s supreme law, they maintain a stranglehold
on the media.
On top of the 32 media restrictive
laws, plus the draconian Suppression
of Terrorism Act of 2008, the government has invoked the Public Service
Announcement (PSA) guidelines to further suppress dissenting voices in the
state broadcast media.
2012 saw but one promising media
development. The Ministry of Information, Communication and Technology
(ICT) finally tabled the Swaziland Communications Bill of 2010 in Parliament



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since the signing of the controversial
Joint Venture Agreement (JVA) between
the Swaziland Posts and Telecommunications (SPTC) and Swazi MTN Limited
fourteen (14) years ago. This Bill seeks
to liberalise the airwaves and introduce
an independent regulatory regime in
the state-controlled communications
industry.
In the year under review, the Constitution faced its most telling test. Attorney General Majeh’enkhaba Dlamini,
acting on instruction from the Chief
Justice, opened a case of contempt of
court against The Nation magazine after it ran a story calling on judges to inject a dose of judicial activism into the
justice system, in line with the constitution. The Nation, published monthly,
calls for entrenching a culture of constitutionalism and democracy in Swaziland, an absolute monarchy hiding in
the clothes of constitutional democracy. The Attorney General, however,
revealed that Swaziland is not yet ready
for true democracy, and it is the prerogative of the executive (and therefore
not the judiciary) to entrench a culture
that respects the legal system.
The print media also felt a few
shocks in 2012, as newspaper owners
increasingly tried to ingratiate them-

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