Media freedom is sacrosanct
NEWS 24 reported that ‘Eswatini’s new Prime Minister (PM), Russell Dlamini, has begun his term of office with a threat to regulate the media. In a meeting with members of the Eswatini Editors Forum, at Cabinet Offices on February 14, Dlamini said he would enact the long-dormant Media Commission Bill to create a government-controlled media regulation body. He was addressing editors for the first time since he was appointed by King Mswati III in 2023. Editors left the meeting surprised by the PM’s hard-line and fearful of their future in a country with limited media freedom’.
What has captured public attention, following this event, was veteran journalist Bheki Makhubu’s public spat with Mbabane East Member of Parliament (MP) Welcome Dlamini, who expressed support for the PM’s proposed media regulation by government. When some of the former journalists were elected by their respected constituencies, we were hoping that they would defend the media’s freedom and welfare of the general population at all cost. I don’t believe that the MP was mandated by the Mbabane East Inkhundla on this matter.
This points to the weakness of the tinkhundla political system, where once an individual is elected, they use the ticket to Parliament to pursue their own interest, as opposed to that of their voters. This, in
Spat
my view, is what is once again emerging as a trend after the 2022 national elections, which were dubbed as historic in terms of the high turnout of voters. The most critical issues that should occupy MPs’agenda should include the non-increment of the elderly grant, the health crisis and the high youth unemployment rate among other issues central to people’s struggles. In fact, these issues were dominant during national elections campaigns and at Sibaya.
We are well aware that government, in late 90s, proposed a repressive Media Council Bill. Through a relentless campaign by the media, with the support of civil society, government backed down in favour of a self-regulatory mechanism. Unfortunately, to date the self-regulatory mechanism was not operationalised due to lack of funding among other constrains.
Regulation
I would like to express gratitude to the Minister of ICT, Savannah Maziya, who, when asked in Parliament about media regulation, responded thus with clarity: “It is an established practice world over that the government does not regulate the media as that is construed as a violation of freedom of the media, which is enshrined in the national Constitution, government can only facilitate by enabling the media to set-regulate.” We thank you minister for deciding to inform the PM that his proposed media regulation by government is not acceptable.
Let us remind the PM that Eswatini has a Constitution, which states; “The fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed.” Section 24 of the 2005 Constitution states that: 1) A person has a right to freedom of expression and opinion; (2) A person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of expression, which includes the freedom of the press and other media, that is to say: (a) Freedom to hold opinions without interference; (b) Freedom to receive ideas and information without interference;
(c) Freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons); and
(d) Freedom from interference with the correspondence of that person.
The Constitution also states: “The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and the Judiciary and other organs or agencies of government and, where applicable to them, by all natural and legal persons in Swaziland (Eswatini) and shall be enforceable by the courts as provided in this Constitution.”
I am not sure why the PM feels threatened by the media of Eswatini as the media in the country operates in an environment where there is a plethora of laws that impose restrictions. According to the 2028 African Media Barometer, ‘Eswatini has approximately 32 laws that restrict freedom of expression and media freedom’. To this end, self-censorship is the only way to survive.
Cost
Restricting the media would come at a huge cost for the general populace who should know how its government is performing its duties – where the good and bad should be reported – so that leaders are held accountable.
It is in this regard that the fight against media restrictions is not just for media practitioners alone but, more importantly, it should involve civil society in their organised formations. To this end, civil society organisations, especially those that promote human rights, should be firmly supportive of the media’s quest for self-regulation. Former American President Thomas Jefferson once said: “The only security of all is in a free press.”