Over the course of 2008, The Times of Swaziland, the country’s leading independent newspaper, faced six defamation cases, including one from the Speaker of the National Assembly.

“These defamation cases have become the biggest threat to media freedom in Swaziland aimed not only at intimidating the media, but at crippling media operations. The legal fees to fight these cases are huge as well as the increasingly time spent in courts of law than news rooms is a big sustainability issue for the media,” said Sampa Kangwa-Wilkie, Program Specialist: Freedom of Expression & Media Law Policy at the Media Institute of Southern Africa (MISA) to RAP 21.

“The Swaziland Government has been consistently hostile and hyper sensitive to any form of dissent and scrutiny from the public and media in particular. Defamation cases against the media have increased in the last five years and have often been filed by top government officials with outrageous demands for compensation,” she continued.

Mfomfo Nkambule, journalist at The Times of Swaziland and former Member of Parliament and Cabinet Minister, has been specifically caught in the difficult interplay between an absolute monarchy and attempts to create a free press. Author of a weekly hard-hitting column, Nkambule has been put under pressure for his critical views on governance issues in Swaziland, the world’s last remaining absolute monarchy. He has repeatedly been asked to stop his criticism of King Mswati’s leadership, and most recently, on 24 January. In his columns, he has also tried to galvanize Swazis to initiate change themselves and not unrealistically wait for the King.

Nkambule, who is also a member of a group called the King’s regiment, was summoned by fellow regiment members and warned to stop his critical writing. The members, who are by tradition remain loyal to the King, gave Nkambule an ultimatum: remain a member of the regiment and end his column or pursue his own political and journalistic career without regiment status.

Initially, Nkambule told the regiment that he would consider the ultimatum and that if pressure amounted he would discontinue his column. “This could be my last article,” said Nkambule on 26 January.

However, on 28 January, MISA reported that he will not succumb to the regiment’s desires and that he will continue writing.

“Although the 2006 constitution has a bill of rights including media freedom, Swaziland is among the most volatile and unfriendly media environment in southern Africa after Zimbabwe. The existence of two laws - the infamous king proclamation of 1973 and the constitution - is a contradiction in itself, because the former remains the supreme law and the king the law unto himself. The rights that are guaranteed in the latter are immediately taken away by the veto power of the monarchy,” said Wilkie from MISA.

Furthermore, there are 30 laws that make it difficult to foster a free press and safe working environments in Swaziland.

In response to this climate, MISA defends media freedom in Swaziland through writing statements and letters to the government and monarchy to call on them to uphold constitutional obligations of allowing a free press. The organisation also provides practical support such as 24-hour security and funding, to journalists under its “Journalists Under the Fire Campaign.”

MISA will meet with Nkambule this week to discuss support options, as harassment against the journalist has not abated.