A recent lawsuit brought against the Kingdom of Swaziland’s only independent newspaper The Times of Swaziland reaffirms that that an absolute monarchy and a free, pluralistic press do not easily mix. RAP 21 in conjunction with the Media Institute of South Africa (MISA) explored the issue with firsthand insights provided from editor of The Times Martin Dlamini.
On 18 March 2008, The Times was faced with charges of defamation amounting to an exorbitant fine of 2,000,000 euros. Speaker of the House of Assembly Prince Guduza laid the heavy fine on the independent newspaper for associating him with Tanya Investments, an import and export company allegedly involved in illegal trade. The company is currently entangled in a court battle with the government over 17 million euros worth of consignment import cigarettes that were impounded by the Department of Customs and Excise.
In response, Dlamini said, "We believe there was no malicious intent to discredit the Speaker in the House of Assembly. All we did was report what had transpired in a court of law."
Sampa Kangwa-Wilkie, programme specialist for freedom of expression and media law policy at MISA is unsure of how the case will unfold. "Lawsuits have become the latest threat to media freedom, not only in Swaziland but throughout the region with heft claims, which if ruled against a media house would result in instant closure and bankruptcy," she stressed.
Wilkie underlined other outstanding cases facing The Times along with the privately-owned magazine The Nation, which is currently battling a 2.5 million euros lawsuit stemming from legal action taken by Under Secretary for the Ministry of Health and Social Welfare Sikelela Dlamini. The case has ambiguously unfolded. According to Wilkie, on 22 February, the High Court of Swaziland granted the magazine an order for a stay of execution following a default judgment that awarded the Under Secretary 120,000 emalangeni (15,000 US$). Reporters Without Borders (RSF) referred to this as a “rare media victory.”
This case illustrates the broader problems in trying to weave principles of free press and other freedoms into a country laden with arbitrary action taken by the continent’s last absolute monarchy. The promulgation of the new constitution in 2006, invoking more furor than celebration, only further cemented King Mswati III’s power over the media. Dlamini relayed, "Constitution or no constitution, nothing has changed. We continue to witness the government violate the laws at whim, and therefore, we cannot begin to say we have guaranteed freedom of expression."
Wilkie added "the legislative environment in which the media operate in Swaziland is the most restrictive and retrogressive in SADC after Zimbabwe...[it] makes it almost impossible for journalists to operate." At least 30 restrictive media laws were found on the country’s statutory books in a 2003 audit. MISA highlighted that none of them have been repealed, even with the newfound advent of a constitution that had been absent in the country since 1973.
In Dlamini’s view the legal constraints imposed on the media have resulted in a binary problem that has created a nearly moribund independent press with the exception of The Times. Dlamini informed RAP 21 that other media outlets consist of the Swazi Observer, a subsidiary of a royal institution with a circulation of approximately 6,000; Tibiyo Taka Ngwane, a state owned Swazi radio station with a 90 percent reach; and state owned Swazi TV and Channel Swazi TV with a 50 and 60 percent reach, respectively.
"The one big challenge is getting the local media to speak out, but where do you begin when you are in a country that has only one independent media house," said Dlamini.
This positions the country at a crossroad where traditional purveyors of news part of the King’s entourage and a more modern approach being pioneered by The Times are debated. Traditions need to be built to allow free reportage via a number of independent actors.
While the King has proved to continue to vest sweeping powers over the country, Wilkie noted, “in the recent past the judiciary has shown some level of independence including a Supreme Court landmark judgement in favour of The Times.” On 18 May 2006 The Times successfully appealed against a High Court defamation charge that was laid on them in 2004 by Deputy Prime Minister Albert Shabangu. A published articled in The Times labeled Shabangu as a card-carrying member of the Ngwane National Liberatory Congress (NNLC), a banned political party in the country. Shabangu was also accused of plotting the downfall of the former Prime Minister Sibusiso Dlamini. Shabangu’s initial win was reversed and he was also forced to financially cover The Times’ legal costs.
Today, editor of The Times Dlamini spoke of improved relations with the government. First, he noted that the government regularly uses the paper’s advertising space. Though he continued, “it will always be expensive to defend lawsuits but we are happy to note that the number of cases against this publication have dramatically decreased.” Dlamini suggests that improved journalistic skills contribute to this trend. Though he believes that The Times is “still highly critical of the government and will continue to do so.”
In regards to the latest case against The Times, Dlamini added that they have been especially critical of the Speaker Gudaza’s appointment because a Parliament selected committee found him guilty of theft while he served as a minister in the previous government. Gudaza along with the current Finance Minister and the previous Prime Minister diverted 28 million emalangeni (3,410,559 US$) from public funds for a jet for the King. The scheme fell through after it was exposed in The Times. Dlamini concluded, “the parliament probe had recommended all three be punished, but Swaziland being Swaziland, they all hold influential positions today. So [Guduza] definitely has bone to chew with us.”
Adding to the impetus for media reform, Wilkie referenced MISA’s activities that are compounding the efforts made by The Times. Since 1992, when MISA started its work, they have steadfastly fought for the repeal of civil and criminal defamation laws as they cripple freedom of expression and can instantaneously fling a media house to bankruptcy or even closure.
“It’s a mountain MISA is climbing, we have a law reform programme for Swaziland taking one law, and where necessary one clause at a time,” described Wilkie. At the top of their agenda is pushing for the adoption of the Right to Information legislation that would hopefully make the Official Secrets Act obsolete. “If we achieve [this], we would have made monumental progress to make Swaziland media conducive,” Wilkie concluded.
Dlamini envisions positive development could be ushered in via the current Minister of Public Service and Information Themba Msibi if he would have his term extended. “He has come up with a media friendly policy that promotes self-regulation, which strengthens our fight against a suggested statutory regulation that was orchestrated by the government over a decade ago,” said Dlamini. Though he does not want to be blinded with optimism, “there could be hope, though slight, in the sense that the new government may never respect it.”