SECTOR 3 3.2 Broadcasting is regulated by an independent body that is adequately protected by law against interference and whose board is not dominated by any particular political party and is appointed – in an open way – involving civil society The Swaziland Communications Commission Act of 2013 established the Swaziland Communication Commission (SCCOM) which regulates the telecoms, postal, broadcasting and e-commerce sectors. Importantly, this Act transferred ‘the regulatory powers and functions of the Swaziland Posts and Telecommunications Corporation, relating to communications, as provided under the Swaziland Posts and Telecommunications Act, 1983, to the Commission’. It aims to ‘transfer the regulatory powers and functions of the Swaziland Television Authority, relating to the issuance of a licence to conduct a television service, as provided under the Swaziland Television Authority Act, 1983, to the Commission’. Section 3 (2) of the Act states that the Commission shall be independent in the performance of the functions of the Commission and shall not be subject to the direction or control of any person or authority. However, while the Act provides for said independence, in practice this independence has come into serious question. In addition, it is unclear as to how the current commissioners came into office. ‘The Minister of ICT has all the powers concerning the appointment of the commissioners and civil society was not engaged in the appointment process. According to the law, the members of the board should represent certain sectors or stakeholders in society. However, the minister chooses his people without consulting these stakeholders. He appointed a brickmaker, with no experience in the sector, as chairman of the commission.’ ‘If you look at the people who are there, you will see that the CEO [Chief Executive Officer] is one of the princes, the CFO [Chief Financial Officer], was appointed when her father was the prime minister and so forth. It is being manipulated by the ruling elite and is simply not independent. Rather than independent, it is autonomous.’ Such appointments also run counter to the Public Enterprises Monitoring Act, which states in Section 6 that the members of the governing body of each category A public enterprise (of which this Commission is one), other than the Chief Executive Officer, shall be appointed by the Minister responsible in consultation with the Standing 38 AFRICAN MEDIA BAROMETER ESWATINI 2018