SECTOR 1

convictions on contempt of court charges on 17 July 2014. The Nation and
Independent Publishers were each fined R50,000.
Makhubu was previously accused of and charged for ‘scandalising the court’ based
on articles he wrote in 2009 and 2010, in which he criticised the controversial
Chief Justice Michael Ramodibedi. Makhubu, however, won a Supreme Court
appeal the day before the AMB, in which the magazine’s publishers were ordered
to pay a fine of E30,000 (US$3,000), reduced from E200,000. Makhubu also
received a three-month fully suspended sentence on the condition that he is not
convicted of another “offence scandalising the court” in the next three years.
[Note: Ramodibedi, who in 2010 controversially described himself as the
“makhulu baas” (big boss) of the country’s judges, is a Lesotho national who was
reappointed to this position in 2012 despite the 2005 Constitution stipulating
that the position should be held by a Swazi. The chief justice has been criticised
by pro-democracy activists for, among others, issuing a ‘practice directive’ making
it impossible to sue King Mswati III.
The ruling indicated that no freedom was absolute in Swaziland, as they are
conditional on and subservient to the rights of others (in this case, the judge who
was attacked) and the public interest. There is concern that this appeal ruling will
impact negatively on the outcome of the Makhubu and Maseko cases and other
cases involving issues related to freedom of expression.
There are no other pieces of legislation that which support the right to freedom
of expression. However, there are more than 30 laws that limit this right (see
indicator 1.3).

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

14

AFRICAN MEDIA BAROMETER Swaziland 2014

1.9 (2005: 1.5; 2007: 2.1; 2009: 2.1; 2011: 2.3)

Select target paragraph3