African Media Barometer eSwatini 2018 Summary The Kingdom of eSwatini (formerly known as Swaziland), operates under a dual legal system with Roman-Dutch common law on one side and Swazi customary law on the other. This dual system has resulted in tension and conflict, leading to violations of certain civil and political rights that are constitutionally guaranteed. The constitution provides for three separate organs of government – the executive, legislature and judiciary – but under eSwatini law and custom, all powers are vested in the king. eSwatini’s prime minister is meant to exercise executive authority, however, King Mswati holds supreme executive power, controlling both the judiciary and parliament. The king personally appoints the prime minister, the cabinet and two-thirds of the members of the Senate. This dominance of the king over the political and socio-economic landscape permeates all areas of life in eSwatini; for instance, the right to freedom of expression is greatly affected. Although the new constitution adopted in 2005 guarantees both freedom of expression and of the media, these freedoms are often curtailed by cultural norms and practices. Citizens and journalists find it difficult to assert their rights to freedom of expression without fear. This fear is driven by the legislative framework and by cultural traditions that promote an ethos of silence and fear of authority. Due to this, journalists exercise selfcensorship on pertinent national issues. Several laws in the country restrict freedom of expression and often interfere with the functions of the media. Although eSwatini is a signatory to several regional and international instruments on freedom of expression and freedom of the media, these instruments have not been domesticated. The country has approximately 32 laws that restrict freedom of expression and media freedom. While many countries in Africa are doing away with criminal defamation laws, eSwatini still has this law on the statute book and it is sometimes used to punish the media for investigative reporting. The offence of contempt of court has also been used to suppress freedom of expression. For example, in 2014 Bheki Makhubu, editor in charge of The Nation and his co-accused human rights lawyer Thulani Maseko, spent 15 months in prison for contempt of court. eSwatini journalists work in a highly restrictive environment where they either avoid certain stories or ‘water them down’ to avoid harsh consequences – such as the one that befell Makhubu and Maseko. These laws make it risky for journalists to conduct their duties without fear. Journalism is important in a democracy and professionalism plays an important role in this configuration. Fairness, truth and accuracy are prerequisites for journalistic professionalism. While panellists agreed that the standard of reporting 5 AFRICAN MEDIA BAROMETER ESWATINI 2018