SECTOR 1 authority of that law is shown not to be reasonably justifiable in a democratic society. These limitations place the onus on the person trying to exercise their right to show that a restriction is not justifiable, rather than compelling the authority making such a restriction to show that such it is necessary. They are used very widely and tend to cloud over the freedoms that are guaranteed on paper, particularly when considered alongside the plethora of restrictive laws that still exist (see indicator 1.3). Without the reform of these laws restricting freedom of expression, the status quo remains: “In as much as the constitution purports to guarantee freedom of expression, the support from other legislation is not there.” No attempt has been made to bring legislation in line with the constitution. Although the constitution provides for the establishment of various commissions, the provision for a law reform commission was overlooked in the new dispensation. There is a Law Reform Commission Act on the statute books but the last such commission to be constituted was in place only until the early 1980s and the institution is now defunct. “In as much as the constitution purports to guarantee freedom of expression, the support from other legislation is not there.” The constitution adopted at the country’s independence in 1968, which guaranteed political freedoms along with many of the other fundamental rights, was suspended by a Royal Proclamation of 1973 decreed by then-King Sobhuza II – father of the current King Mswati III: “Political parties were banned. There was a declaration of a state of emergency. The military became seriously operational. The decree removed a lot of freedoms. The proclamation was a statement by the King that he was taking all executive and legislative powers.” As far as panellists were aware, this proclamation has not been revoked by the 2005 constitution: “In practice, the 1973 declaration still exists, and the fear it creates is still there.” The 2005 constitution could be broadly interpreted to mean that the king still has supreme powers through his involvement in politics and his leadership of the executive: “Freedoms are given with one hand, but there are so many claw back regulations that raise the question: Have we moved from 1973 or have we simply couched 1973 in a document that is thicker and internationally more acceptable?” What remains is “a muddy picture”. The King can suspend the right to free expression at his discretion, in line with the traditional culture of Swazi society. Once authority – in this case the King – has pronounced on a matter, no one else can voice a differing opinion. As a result, people still fear speaking out or stating a AFRICAN MEDIA BAROMETER SWAZILAND 2011 11