Amnesty International Statement
19 April 2013

A hefty fine imposed against a newspaper editor convicted of contempt in Swaziland and the authorities’ threat to imprison him are further proof of the southern African kingdom’s increasingly aggressive crackdown on independent media and freedom of expression, Amnesty International said.

The Swaziland High Court on Wednesday convicted Bheki Makhubu, editor of The Nation – one of Swaziland’s last independent publications – on two counts of contempt of court in connection with the publication of two articles that questioned the independence of the country’s judiciary.

The editor was sentenced to pay a fine equivalent to nearly US$45,000 – if he fails to pay half of it within three days he will face two years’ imprisonment.

“The sentence against Makhubu simply criminalizes non-violent expression of opinion on an issue central to the ongoing crisis of the rule of law in Swaziland,” said Mary Rayner, researcher on Swaziland at Amnesty International.

“Over the last few years, we have documented how the Swaziland authorities have persistently attempted to keep journalists and activists from reporting on and addressing social and human rights issues.”

This latest act comes amid a recent resurgence of repression that has included arbitrary detention, use of excessive force against demonstrators and torture of detainees.

The court delivered its ruling against Makhubu more than a year after the case was heard.

“The Swaziland authorities must uphold their international obligations to respect the rights to freedom of expression and conscience which have clearly been violated in this case,” said Rayner.

Background Information
Since 2011 Swaziland has been on the verge of a crisis of the rule of law, affecting human rights, access to justice for victims of human rights violations and the ability of members of the judiciary to work impartially and independently.

This crisis was raised at the UN Human Rights Council’s Universal Periodic Review of Swaziland’s human rights record in 2012. At the end of that process, in March 2012, the government accepted recommendations to take “concrete and immediate measures” to guarantee the independence and impartiality of the judiciary. This has failed to happen.

Rulings in sensitive matters continue to appear to be affected by either the process of allocation of cases, or alleged overt interference in the decision-making by the presiding judicial officer. Critical issues argued before the High Court were not taken into account in the case brought against Bheki Makhubu and The Nation, including that the Attorney-General had no jurisdiction to prosecute the case.

The simultaneous delivery of the guilty verdict and imposition of a harsh sentence heightens the suspicion that the charges and trial of the editor were politically driven, with the intention of crushing an independent critical media voice.

MISA-Swaziland Alert
6 May 2013 

On a sunny May 3, World Press Freedom Day, journalists and civil society members marched through the streets of Swaziland’s capital, Mbabane, and delivered a petition to the Minister of Information, Communication, and Technology and Minister of Justice and Constitutional Affairs. The marchers were calling for media freedom.

Walking the talk…

About 40 silent protesters with white sticky tape stuck across their lips, were sending a message to Swaziland’s leaders: they are not free to speak their minds. The tape across the mouth was a clear signal that censorship and self-censorship in the southern African country are rife.

Members of the public were clearly interested in what was happening, several workers put down their tools to gaze upon the silent walkers.

A banner held at the front of the marchers read: “World Press Freedom Day: Safe to Speak, Securing Freedom of Expression in All Media.”

Several protesters were holding placards. “Allow more newspapers!” “Suffocate debate and we all lose.” “Speaking is not criminal.”

Swaziland’s Media Institute of Southern Africa (MISA-Swaziland) played a central role in organising the march.

The Swazi News on Saturday 4 May reported MISA-Swaziland national director, Vuyisile Hlatshwayo, as saying he was “happy that media practitioners made their voices heard”.

MISA-Swaziland chairman Alec Lushaba (R) presenting the media freedom peition to ICT principal secretary Bheki Gama

Hlatshwayo went on to say MISA-Swaziland will continue to “fight for the creation of an open society where journalists can freely practise their trade without any hindrances”.

Chairman of MISA-Swaziland Alec Lushaba delivered the petition to the principal secretary of ICT Bheki Gama, who received it on behalf of minister Winnie Magagula.

Lushaba also delivered the petition to ministry of justice under-secretary Siboniso Masilela, who received it on behalf of minster Mgwagwa Gamedze.

The petition, written by MISA-Swaziland and supported by many civil society groups and citizens, calls for the removal of all legislation that restricts media freedom. It also urges government to ensure the Broadcasting Bill 2013, currently before parliament, “provides for the maximum availability of broadcasting to the people by permitting for public, commercial and community broadcasting”.

MISA-Swaziland chairman Alec Lushaba (R) presenting the media freedom petition to ministry of justice under-secretary Siboniso Masilela

Other points in the petition call for more support for journalism students; more assistance and encouragement for editors and journalists to overcome self-censorship; and for journalists and citizens alike to expose more cases of censorship.

MISA-Swaziland defines self-censorship as the act of stopping oneself from reporting on something they know to be in the public interest; and censorship is where information and stories are not allowed to print because they are inconvenient, even if that story or information is true.

The march came hot on the heels the controversial sentence handed down to Swazi editor Bheki Makhubu, who was recently ordered by the high court to pay E200,000 ($US21,000) within three days or else go to jail for two years.

Makhubu, editor of monthly magazine The Nation, wrote two articles that were critical of the judiciary in 2009 and 2010.

These articles, said high court judge Bheki Maphalala, “scandalised the courts”.

The prominent editor appealed the decision – staying all court proceedings – and will likely hear more from the courts in November 2013.

The sentence against Makhubu has sent shock waves through Swaziland’s media fraternity, with many commentators and international human rights organisations condemning the judge’s decision.

During the evening of May 3, after the march, MISA-Swaziland hosted a public debate at the Mbabane Theatre Club. Seventy people came along to hear a free-flowing discussion about the lack of media freedom in Swaziland.

Vuyisile Hlatshwayo, MISA-Swaziland National Director
misa.nd@realnet.co.sz
+268 76156605

MISA-Swaziland’s Annual Statement on the Media
Written in February 2013

INTRODUCTION
The more things change, the more they stay the same. This proverb aptly describes the unchanged media environment in the Kingdom of Swaziland. Nothing has changed in the seven years since the adoption of a new Constitution in 2005.

Section 24 of the Constitution guarantees freedom of expression, including freedom of the press and other media, yet in reality this freedom remains largely theoretical.

The three seats of power — government, big business, and media owners — continue to violate the constitutional rights of citizens to freedom of expression. In defiance of the kingdom’s supreme law, they maintain a stranglehold on the media.

On top of the 32 restrictive media laws, plus the draconian Suppression of Terrorism Act of 2008, the government has invoked the Public Service Announcement (PSA) guidelines to further suppress dissenting voices in the state broadcast media.

2012 saw but one promising media development. The Ministry of Information, Communication and Technology (ICT) finally tabled the Swaziland Communications Bill of 2010 in Parliament since the signing of the controversial Joint Venture Agreement (JVA) between the Swaziland Posts and Telecommunications (SPTC) and Swazi MTN Limited fourteen (14) years ago. This Bill seeks to liberalise the airwaves and introduce an independent regulatory regime in the state-controlled communications industry.

In the year under review, the Constitution faced its most telling test. Attorney General Majeh’enkhaba Dlamini, acting on instruction from the Chief Justice, opened a case of contempt of court against The Nation magazine after it ran a story calling on judges to inject a dose of judicial activism into the justice system, in line with the constitution.

The Nation, published monthly, calls for entrenching a culture of constitutionalism and democracy in Swaziland, an absolute monarchy hiding in the clothes of constitutional democracy. The Attorney General, however, revealed that Swaziland is not yet ready for true democracy, and it is the prerogative of the executive (and therefore not the judiciary) to entrench a culture that respects the legal system.

The print media also felt a few shocks in 2012, as newspaper owners increasingly tried to ingratiate themselves with the ruling elite. The Swazi Observer, a royalist newspaper, purged its editor–in-chief who dared to give column space to several progressive groups. The daily paper, which many rightly view as a pure propaganda machine for the royal family, also suspended two editors for not adhering to its ‘original’ mandate.

On the other hand, the Times of Swaziland’s publisher has allowed commercial interests to take precedence over editorial independence. After his managing editor jumped ship to join the Swazi Observer, he recalled his former managing editor — now beholden to the higher authorities — from the Prime Minister’s Office, where he served as Head of Secretariat for the SMART Partnership Office.

Left in this exposed state, the print media are easily manipulated by the ruling elite. Interference, censorship, assault, harassment and intimidation are all common. In short, Swazi citizens are being denied their right to freedom of expression and information, thanks largely to the symbiotic relationship between government, business and media owners.

STATE OF THE MEDIA
Struggling from the global economic meltdown as well as severe internal financial troubles, Swaziland has seen only one new entrant into the media industry. In August 2012, Blankly Investments (Pty) Ltd started a monthly magazine called Agribusiness. Endorsed by the Ministry of Agriculture and the farming community at large, it specialises in agriculture news. It has joined another periodical, The Nation, which focuses mainly on socio-economic and political issues. Published by the Swaziland Independent Publishers (Pty) Ltd, it remains the pulse of the country’s news analysis.

Silent protesters outside Swaziland’s information ministry on World Press Freedom Day, 3 May 2013

The Times of Swaziland Group of Newspapers and Observer Group of Newspapers remain the two dominant players in the newspaper industry. The former publishes the Times of Swaziland, Swazi News and Times of Swaziland Sunday. The latter publishes Swazi Observer and Weekend Observer. There are also two weekly tabloids namely the Swazi Mirror and Ingwazi News. As fairly new entrants, these tabloids are struggling to attract advertising. The same applies to the broadsheet Business Sunday. Their future looks bleak, as they are unable to generate advertising revenue — the lifeblood of any newspaper.

Adding to the woes, the Swazi print media suffered a setback when sole proprietor of the only vernacular newspaper Vuka Ngwane, Bonisile Mncina, died mid-year. Her newspaper was targeting readers in the remote rural areas in the country’s four regions. Barely five years into the market, Vuka Ngwane was forced to close down after Mncina’s death. Constantly marginalised by the profit-driven English-language newspapers, a bulk of the SiSwati populace in the rural areas has limited access to print media. (Broadcast media, particularly radio, has a more reach and influence in rural areas.)

Little has changed in the broadcast media. The Swaziland Broadcasting and Information Services (SBIS), which controls radio, and Swaziland Television Broadcasting Corporation (STBC), television, remain the two dominant players — the two only players, really. They operate with public funds, yet they remain state broadcasters instead of public service broadcasters. Government has invoked Public Service Announcement (PSA) guidelines to prevent citizens from airing their views via these state broadcasters. There is one other radio station, the Voice of the Church (VOC), airing mostly religious programmes. And there is a private television station, Channel Swazi, which is on and off air due to financial challenges. Neither of these independent broadcasters dare to question the country’s ruling elite or report on them in anything but positive terms.

In optimistic and laudable readiness for the passage of the Swaziland Communications Bill of 2010, which might free up the airwaves, the unlicensed community radio stations have formed a Community Radio Network to speak with one voice. They are the Lubombo Community Radio, Matsanjeni Community Radio and Ngwempisi Community Radio.

ACCESS TO INFORMATION
Swaziland does not have an Access to Information Law. Naturally, this curtails the free flow of information. When the media, whose raison d’être is to disseminate information, requests information from either government or business; it finds itself shoved from pillar to post. Even the popular monthly breakfast media briefings organised by the public and private sector have not helped the situation. Industry captains and senior government officials simply use them to share selective information with the media practitioners. A good example being an apology demanded by Martin Dlamini, governor of the Central Bank of Swaziland, from the media after a one and half days media briefing with all the editors from the media meetings.

Sending a message: silent marchers in Swaziland on World Press Freedom Day, 3 May 2013, on their way to deliever a petition to government calling for media freedom

Using clandestine methods to curry favour with the media, big corporations dole out freebies to the editors and journalists. True to the saying ‘there is no such things as a free lunch’ these freebies tend to compromise editorial independence of the media; not to mention Article 3(1) of the journalists’ code of ethics: “Journalists should not accept bribes or any form of inducement to influence the performance of his/her professional duties.”

Appointment of a government spokesperson and other information officers has not solved the problem of access to information. Access to public information in the ministries remains the media’s biggest challenge. In practice, nothing can be done by the information officers because only the ministers are mandated to release information to the media.

What’s more, Cabinet issued a directive not to release information to blacklisted media houses. According to the Ministry of Health spokesperson, the minister has blacklisted The Nation. The Swaziland Water Services Corporation (SWSC), a public company, echoed these words. Threats to withdraw advertising are a common strategy used by government to silence the critical media. At the core of this issue is a fundamental misunderstanding of the role of the media and the right of that media to access and the citizens’ right to know public information.

STATE OF THE PRINT MEDIA
Government has tightened its grip on the once uncompromising print media. In January 2012, Minister of Information, Communication and Technology (ICT), Winnie Magagula, held an impromptu meeting with all editors where she told them they must positively report the visit of Equatorial Guinean President, Teodora Obiang Nguema Mbasago. The newspapers heeded her directive: all the media houses waxed lyrical about the expected socio-economic benefits to be reaped from a questionable oil deal. The editors suppressed President Mbasago’s negative stories of graft and repression that were run by the international media. In fact, the Swazi Observer was forced to apologise for a cable news item published by SAPA that negatively exposed the President.

MISA-Swaziland advocacy officer Phakama Shili on World Press Freedom Day, May 3, 2012

For a contempt of court charge laid in November 2009, The Nation finally had its day in court in February 2012. This landmark case tests Swaziland’s commitment to its Constitution. The Attorney General (AG) has told the court that Swaziland is not yet ready for democratic values enjoyed in the civilised world. The magazine has called for High Court judges to take part in entrenching a culture of constitutionalism in Swaziland. The Chief Justice has found that invitation contemptuous of the court.

Representing The Nation, Advocate Gilbert Marcus argues: “Freedom of expression lies at the heart of democracy. It is valuable for many reasons, including its instrumental function as a guarantor of democracy, its implicit recognition and protection of the moral agency of individuals in our society and its facilitation of the search for truth by individuals and society generally.”

Many months later, the judge has not made a court decision on this landmark case, which will test the constitutional right to media freedom.

On celebrating World Press Freedom Day on May 3, Swaziland Editors’ Forum (SEF) member, Mbongeni Mbingo, then managing editor of the Times of Swaziland, betrayed the cosy relationship that already exists among media managers, government and business. He declared: “I agree with the notion that media freedom is fragile. In fact, I can almost say that it is a fallacy and can hardly be achieved.” Mbingo questioned the constitutional rights of the “political activists” to press freedom. He blasted “a sector of people with their own agendas,” questioning their right to press freedom. This was indicative of the much bigger twin problem of censorship and self-censorship.

In February, the Observer Group of Newspapers, owned by the Tibiyo Taka Ngwane, a royal conglomerate, experienced a major shake-up to its management team. Swazi Observer editor-in-chief Musa Ndlangamandla was fired. His sin, amongst others, was that in his column Asikhulume he featured leaders of the proscribed People’s United Democratic Movement (PUDEMO) and other civil society representatives calling for political change.

Later, mid-year, without consulting the Swazi Observer Board, newly appointed managing director Alpheous Nxumalo also suspended editor of the daily Thulani Thwala and editor of the weekly Alec Lushaba. Both Thwala and Lushaba remain in limbo, pending investigation into their failure to follow the publication’s ‘original’ mandate. When Board members sought answers, the managing director made it clear that he is not answerable to them.

Nearly a year later, the Swazi Observer managing director has not finalised the investigation. The Swaziland Editors’ Forum (SEF) has done nothing about it. In fact, the MD is on record saying progressive voices or NGOs, whom he suspects of pushing an agenda for political change, will not be entertained by his newspaper, as long as he is in charge.

Newsrooms in the print media are no longer a safe haven for journalists following their infiltration by spies. In August 2012, police interrogated one of the reporters at one of the print media houses after common and casual newsroom talk with his colleagues.

According to a complaint lodged by the Swaziland Diaspora Platform (SDP) with the MISA Swaziland chapter, a journalist who was spying reported him to the police and on others in the newsroom. Journalists have begun to tread cautiously and carefully in the wake of police informants in the media houses. This heightened climate of fear perpetuates the already endemic self-censorship, which in turn bodes further ill for media freedom.

The recall of Times of Swaziland managing editor, Martin Dlamini, from Government, has raised eyebrows within the discerning civil society and media fraternity. As someone now allegedly beholden to higher authorities, there is fear that the newspaper editorial independence is at stake. This fear has been exacerbated by his unprecedented coverage of King Mswati III’s trip to the United Nations in New York, later in the United Arab Emirates in October 2012, where he not only reported for his own publication but also for the competing Swazi Observer!

Dlamini undertook this trip as part of the king’s delegation. The mere fact that the Times of Swaziland managing editor, a leading private publication, is found writing stories for the Swazi Observer, a royalist publication, is cause for serious reflection. His position is untenable. How can he discharge his unbiased editorial duty when he would appear to be be- holden to the authorities?

Taking their cue from leaders, members of the public have continued to attack and harass media practitioners in their line of duty. The 2012 victims were a reporter and photojournalist from the Times of Swaziland Group of Newspapers. Four men at eNkhaba area attacked Swazi News journalist, Sabelo Masimula, when he tried to balance a story of a widow who ran away when her in-laws tried to forcefully remove her weeds.

A colleague Walter Dlamini, a Times of Swaziland Sunday photojournalist, was also attacked by seven members of the uniformed forces after taking a picture of an asthmatic maiden who had collapsed at the Reed Dance at Mbangweni Royal Residence. They forced him to delete the pictures.

STATE OF BROADCASTING
Unbridled censorship remains a concern within the state broadcasters, namely, the Swaziland Broadcasting and Information Services (SBIS) and Swaziland Television Broadcasting Corporation (STBC).

Letting words talk: a silent marcher in Swaziland on World Press Freedom Day, 3 May 2013

Government has banned reporting on the activities of the labour unions, including strikes and announcements, in the state broadcasters. Affiliates of the Trade Unions Congress of Swaziland (TUCOSWA), the Swaziland National Association of Teachers (SNAT), reacted by kicking out Swazi TV reporters from their meetings accusing them of negative reporting or total news blackout.

Union leaders were not the only ones affected. ICT minister Winnie Magagula has extended the ban to all Swazi people irrespective of their status in society. She has invoked the Public Service An- nouncement (PSA) guidelines, which prevents citizens from airing their opinions on the radio and television stations. They have to clear their views or opinions with their chiefs before they can be aired on the broadcast media.

Setting an example, both Swazi TV and Swazi Radio pulled off air a national announcement made by Acting Governor of Ludzidzini Royal Residence, Timothy Velabo Mtetwa. Hot on the heels was the stoppage of a popular Swazi TV talk- show, Makhelwane Umbona Ngetento, hosted by gospel artist Mduduzi Simelane. In addition, the minister issued a warning to prevent parliamentarians and ministers from making statements or announcements in the broadcast media that could be construed as campaigns.

Banning citizens from speaking freely on the state broadcaster has demonstrated an urgent need to transform the state broadcaster into the public service broadcaster. Swazi TV suspended acting assistant news editor, Vusi Gamedze, and avid editor, Earnest Mabaso for allowing a foreign newsstory into the bulletin that ‘misrepresented the annual Reed Dance ceremony’.

ICTs & TELECOMMUNICATIONS
A protracted legal battle between Swaziland’s telecommunications giants, Swaziland Posts and Telecommunications Corporation (SPTC) and Swazi MTN Limited, has proven costly for consumers. About 64 000 consumers were deprived of an alternative affordable telecommunications service. The bone of contention was a Joint Venture Agreement (JVA) breached by SPTC when introducing new products, ‘One mobile phones’ and ‘Wireless Fixedfones’, into the market. Swazi MTN enjoys exclusive rights to operate a mobile network, thus they argued that SPTC had breached the JVA. The International Court of Arbitration (ICA) ruled in MTN’s favour and ordered the public company to withdraw its affordable products.

Technicalities aside, the SPTC/MTN saga revolved around nothing but a conflict of interest. With its affordable products, SPTC gave Swazi MTN stiff competition. MTN’s powerful shareholders, namely King Mswati III and Prime Minister Sibusiso Barnabas Dlamini, were supposedly torn between the national interest and their own self-interests. The Swazi MTN shareholding structure has SPTC holding 41%, Swaziland Empowerment Limited, a consortium, 19%, MTN International, 30%, and King Mswati III, 10%. Princess Sikhanyiso was appointed to the Swazi MTN Board to manage the royal shares.

NEW MEDIA & SOCIAL MEDIA
In a country where the mainstream media is highly censored, the new media and social media are now considered as an alternative platform for the free flow of information. A growing number of Swazis, especially the youth, use the social media as the most convenient means of communication. It enables them to enjoy their constitutional right to freedom of expression. They post all sorts of information, including at times seditious information, which has led incensed legislators to call for the censorship of the internet. They have asked the head of government to find ways to censor the internet. However, the prime minister – who is also minister responsible for the police – has repeatedly told parliamentarians that it is extremely difficult to censor the internet.

Their information banned or censored by both the private and state media, civil society groups have taken advantage of the new or social media. They mobilise people by sending text messages, tweets or Facebook updates. The Swaziland National Association of Teachers (SNAT), for example, used social media to mobilise their members during the three-month long teachers strike. The censored media, especially the newspapers, ran stories that were sourced from Facebook. Though social media is not widely used at the moment, it is undoubtedly gaining pace. In many regards, the new forms of media (text messages, Twitter, Facebook, YouTube, WhatsApp, etc.) have allowed citizens of Swaziland to put into practice their constitutional right to freedom of expression and media freedom.

CONCLUSIONS & PROJECTIONS
To achieve greater freedom of expression, and by association media freedom, Swaziland’s media institutions – MISA-Swaziland, Swaziland Editors’ Forum and Swaziland National Association of Journalists (SNAJ) – must speak in a strong and united voice. This is not to say we all must agree. Rather, the media must first acknowledge and accept that freedom of speech goes both ways: the right to question and the right to be questioned; the right to criticise and the right to be criticised. And also to accept that freedom of speech is for everyone: citizens, business people, parliamentarians, cabinet members, civil society leaders, public servants, journalists – the list goes forever on.

Moreover, it is worth keeping in mind that a tool is only good as the person using it. There is, therefore, an urgent need to equip journalists with professional skills. This way, they will be able to manoeuvre, survive, and prosper in this difficult media environment, an environment that might be likened to a minefield. Training will help them understand and appreciate the parameters of media freedom – underpinned by the notion of the public interest.

Abiding by the Swaziland Journalists Code of Ethics and the Constitution cannot be overemphasised. Yet the continued violation of the code of ethics and the Constitution by the Swazi media is as good as giving ammunition to those who wish to further curtail media freedom. MISA acknowledges the grave conditions that journalists work in, yet there is still a lot to be said for taking personal responsibility. The Swazi media, if it is serious about freedom of speech, must look itself in the mirror while simultaneously demanding more freedom for all citizens.

As a united force – that thrives on healthy and honest debate – the media must steadfastly argue for the repeal of the 32 restrictive media laws. They should do so by lobbying the soon-to-be-elected 2013 parliamentarians. Until journalists themselves argue for meaningful law reform, freedom of expression and media freedom in Swaziland will remain a mirage.

This article is an extract from So This Is Democracy?, the Media Institute of Southern Africa’s annual publication on the state of media in the region.

Click here to find out what’s happening in other countries – download the files at the bottom of the new page.

As part of an election coverage training program, the Media Institute of Southern Africa in Swaziland, in partnership with human rights organisation COSPE, took five journalists into the field to ask women about the upcoming national vote, as well as many other topics…

What rights do women have when mourning a loved one? Should they be allowed to wear clothes that signify the passing of a husband? Should the authorities ban such clothing? If women do decide to wear mourning gowns, does this mean they forgo certain rights such as being able to address a public crowd? How easy is it for women mourning their husband to register for an upcoming election? How widespread is discrimination against widows?

These are some of the questions raised during a recent election coverage training for journalsits, run by the Swazi chapter of the Media Institute of Southern Africa (MISA-Swaziland), a press freedom NGO, and COSPE, a human rights NGO.

L-R. Maureen LittleJohn (Swagaa), Patrick Myeni (freelance journalist), Joseph Zulu (Swazi Observer), Winile Masinga (Swazi Observer), Kwanele Dhladhla (Times of Swaziland), Nontobeko Tshabalala (Times of Swaziland)

On Tuesday 21 May, MISA-Swaziland and COSPE staff, aided by Maureen Littlejohn from the Swaziland action group against abuse (Swagaa), welcomed five journalists to the MISA office in Mbabane, the capital, for a morning discussion and training session on how to improve election coverage reporting.

This was the second ‘on-the-job workshop’ — a mixture of theoretical training and practical work — in a series of twelve sessions in the lead up to the national elections, scheduled for August 2013.

The focus of the training sessions, in addition to improving election coverage, is assisting journalists so they can report on women’s issues in a more ethical manner. Beyond the fact that 80 percent of sources in the Swazi media are male voices, stories about women are often reported in an insensitive way.

Click here to see the Swaziland journalists’ code of ethics. Article 5 speaks directly to respecting people’s privacy and dignity.

After the morning discussion and training at the MISA office, the journalists split into two groups and went off to find stories, putting into practice the principles (from the SADC election guidelines and Swagga’s suggestions on ethical gender reporting) that had just been discussed.

The Manzini region of Swaziland

People were interviewed and stories were found.

Swazi Observer reporter Winile Masinga & Times of Swaziland reporter Kwanele Dhladhla interviewing residents in Mafutseni

In the town of Mafutseni, in the Manzini region,  Times of Swaziland reporter Kwanele Dhladhla and Swazi Observer’s Winile Masgina asked residents a range of questions about women’s rights and the upcoming elections.

Dhladhla interviewed a resident who told him about the discrimination she faced when mourning the loss of her husband. The Mafutseni woman suggested to the Times of Swaziland that perhaps the custom of wearing mourning gowns — kuzila – should be banned to protect women from the accompanying stigma.

“Since last year August I have been unable to actively participate during community meetings because I was in mourning gowns. Each time the chief convened a meeting, I was expected to sit alone under a tree about 60 metres from where the rest of the residents meet,” said the Mafutseni resident.

Kwanele Dhladhla’s article in Times of Swaziland after the MISA-COSPE training day

Times of Swaziland front page Wednesday 22 May, the day after the MISA-COSPE training

This front page news story, discovered during the MISA-COSPE training day, generated a public debate about women’s rights and discrimination.

Click here to read the full article online at the Times of Swaziland website.

The Times of Swaziland also dedicated prime column space to the issue, writing an editorial examining the story and providing some background and perspective.

Times of Swaziland editorial about women’s rights, Wednesday 22 May, 2013

The Lubombo region of Swaziland

While one group of reporters were uncovering stories in Mafutseni, the other group  were in the town of Mambane — in the eastern Lubombo region — where they spoke with several women about daily life in the area as well as getting their thoughts on the upcoming elections.

Times of Swaziland reporter Nontobeko Tshabalala wrote these stories from her day in Mambane…

Times of Swaziland reporter Nontobeko Tshabalala’s article after the MISA-COSPE training

Times of Swaziland reporter Nontobeko Tshabalala’s article after the MISA-COSPE training

MISA-Swaziland and COSPE will be running 10 more on-the-job training days for Swazi journalists before the national elections in August 2013.

The next training day will be held on Tuesday May 28.

The aim for the whole project, over the 12 sessions, is to expose about 30 journalists to this type of training. Print journalists from the two daily newspapers, Times of Swaziland and Swazi Observer, and also the monthly magazine The Nation, will receive the first round of training. If all goes to plan, there are thoughts to also involve editors, students, and radio and TV reporters.

COSPE, an italian-based human rights NGO, is funding the project. MISA-Swaziland are providing the training.

Photo on frontpage of post taken by Maureen Littlejohn

As part of an election coverage training program, the Media Institute of Southern Africa in Swaziland (MISA-Swaziland), in partnership with human rights organisation COSPE, took five journalists into the field to ask women about the upcoming national vote, as well as many other topics…

On Tuesday 21 May, MISA-Swaziland and COSPE staff, aided by Maureen Littlejohn from the Swaziland action group against abuse (Swagaa), welcomed five journalists to the MISA office in Mbabane, the capital, for a morning discussion and training session on how to improve their election coverage.

Swazi Observer reporters Joseph Zulu (L) and Winile Masinga (R) in the MISA office during the morning discussion and training

This was the second ‘on-the-job workshop’ — a mixture of theoretical training and practical work — in a series of 12 sessions in the lead up to the national elections, scheduled for August 2013.

After the morning session at the MISA office, the journalists split into two groups and went off to find stories, putting into practice the principles (from the SADC election guidelines and Swagaa’s suggestions on ethical gender reporting) that had just been discussed.

Joseph Zulu (L) interviewing Mambane residents. (Photo: Maureen Littlejohn)

The focus of these practical ‘on-the-job’ trainings, in addition to improving election coverage, is assisting journalists so they can report on women’s issues in a more ethical manner. Beyond the fact that 80 percent of sources in the Swazi media are male voices, stories about women are often reported in an insensitive way.

Articles by Joseph Zulu in the Swazi Observer after the MISA-COSPE training day

In Mafutseni, a town in the central Manzini region,  the Swazi Observer’s Winile Masgina asked residents a range of questions about women’s rights and the upcoming elections.

Swazi Observer reporter Winile Masinga (L) and Times of Swaziland reporter Kwanele Dhladhla (R) interviewing residents in Mafutseni

Swazi Observer reporter Winile Masinga (R) interviewing a Mafutseni resident

Winile Masinga’s articles in the Swazi Observer after the MISA-COSPE training day

Freelance journalist Patrick Myeni interviewing in Mambane

Times of Swaziland reporter Nontobeko Tshabalala interviewing a Mambane resident

Swazi Observer reporter Joseph Zulu interviewing in Mambane

Taking a break from the interviewing. Making Chakalaka, a spicy vegetable relish

Swaziland Alert-Update
Wednesday, 28 May 2013

New evidence has been heard in the defamation case against the Times of Swaziland, which resumed today after proceedings came to a halt earlier in the week owing to faulty recording equipment in the High Court.

The matter before the court concerns an article published by Times of Swaziland on May 9 2009, regarding the surname of acting chief of KoNtshingila Gelane Simelane – who is also Senate President in parliament.

The May 9 2009 article by Mabandla Bhembe, then a journalist at Times of Swaziland, suggested that the acting chief’s birth surname was not Simelane, but, rather, Mahlangu.

Simelane is suing the Times of Swaziland for E200,000 (US$20,500) for defamation; she alleges that some members of the Simelane clan called for her removal from the chieftaincy after the Times published the article.

The article incuded comments from traditional authorities that implied that if Gelane was not a Simelane then she did not qualify to be chief of the area.

The story in question was part of a wider Times report that, at the time, was following a chieftancy dispute at Kontjingila chiefdom in the southern Shiselweni region that had been ongoing since 1996.

MISA-Swaziland attended the hearing today, Wednesday 29 May, 2013, which dealt with evidence from the acting chief’s elder brother, who told the court that the surname issue – Simelane or Mahlangu? – was a matter of discussion before the publication of the article.

From the brother’s eviedence, it was clear that the name issue had been debated at several meetings dating back to 2004. The witness also revealed that “a faction” of the Simelane family had expressed concern at these meetings over the “acting” nature of Gelane’s chieftanship. It seems reasonable to suggest, therefore, that the Times article simply reflected the events that were taking place at the time.

High Court judge Nkululeko Hlophe postponed the case (Gelane Simelane v Times of Swaziland High Court case 2632/2009) until 20 June 2013, when both sides will submit written submissions to the court.

For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director
Email: misa.nd@realnet.co.sz

e-Forum article

By MISA-Swaziland
31 May 2013

Community radio doesn’t exist in Swaziland. For over ten years, however, efforts have been made by a group of resilient people to bring this form of localised media to life.

Board members from Swaziland’s Community Radio Network (CRN), a lobby group funded by NGOs, gathered at the University of Swaziland (Uniswa) yesterday to discuss how community radio (when and if it gets up and running) allows a more diverse group of people to air their views.

Ambrose Zwane calling for community radio while Maureen Littlejohn from Swagaa looks on

“Community radio is the best medium to change society,” said Lubombo veteran community radio campaigner Ambrose Zwane.

The information session at Uniswa was organised by COSPE, a human rights NGO, and facilitated by Swaziland Action Group Against Abuse (Swagaa).

Zwane, who has been at the forefront of the push for community radio for a decade, emphasised the benefits of opening up and decentralising the nation’s airwaves.

“It is the community who will decide how programmes are structured,” he said, “we will be able to balance the number of men and women on air.”

Research conducted in 2011 by MISA-Swaziland, a press freedom NGO, found that almost 80 per cent of voices in the Swazi press are male. This statistic can be contrasted with figures often released by police that show about 80 per cent of abuse victims in Swaziland are female.

This mismatch in access to the media, insofar as men often talking about issues that primarily impact upon women, is one of several that Swaziland’s community radio leaders would like to level out if the government would grant community radio licenses. If history is our judge, though, this might still be a way off.

But there is hope: broadcasting legislation is currently sitting before parliament.

The Swaziland Broadcasting Bill 2013, if passed, provides for ‘three-tiered radio broadcasting’: commercial, public, and community. In theory, it seeks to free radio from the shackles of state control, allowing more players to enter the currently non-existent market.

There are currently two radio stations in Swaziland namely the Swaziland Broadcasting and Information Service (SBIS) and Voice of the Church (VOC). SBIS, which offers a siSwati and English service, is state-owned and controlled and is often described as a government department. The other, VOC, runs mainly religious content.

Yesterday was another small step in the direction of community radio in the sub-Saharan kingdom, where, it might be said, the media could do with some new blood.

Community radio stations are community owned and operated entities that serve either localised geographic communities or communities of interest, such as minorities, religious groups, youth groups, or universities.

Unlike commercial stations, community stations do not run for profit. They are usually established as voluntary associations, not-for-profits or trusts. A community radio station’s constitution generally says that any profit will be channeled into further developing the station.

For more information on community radio, click here

MISA-Swaziland Alert
5 June 2013

Article from Swazi Observer, May 31 2013

Minister of Information, Communication and Technology, Winnie Magagula, says transparency and ethical guidelines can help create a more professional media sector, according to a report in Swazi Observer on May 31 2013.

Rogers Mamba, a fellow minster, delivered an address on behalf of Magagula at a recent meeting between editors and the country’s political leaders, where he presented Magagula’s thoughts on the media.

“In the quest to self-regulation,” reported the Swazi Observer, “such transparency would invite more direct and more informed discussions from citizens.”

Magagula also added her voice in support of the current debate on media freedom in Swaziland.

“I am encouraged by the recent media debates around the role of the media and society and the constitutional rights of the ordinary citizens.”

Swaziland’s Media Institute of Southern Africa (MISA-Swaziland), a press freedom NGO, sparked debate on the role of the media and press freedom when it released its 2012 review of the media.

MISA-Swaziland, in its report, So This is Democracy?, revealed the endemic censorship in the nation as well as the poor working conditions for many journalists. Click here to read the report.

For comments or queries, please contact:
Vuyisile Hlatshwayo, MISA-Swaziland National Director
Email: misa.nd@realnet.co.sz

MISA-Swaziland e-Forum article

Charlotte Winberg, a Masters student at University of Pretoria’s Human Rights Centre, spent a week in Swaziland in April 2013. She spoke with a range of people and organisations, including the Media Institute of Southern Africa, about media freedom and human rights. Below are her observations 

Despite freedom of expression being ensured in Swaziland’s 2005 Constitution, there are still more than 30 laws contravening the right to hold and express an opinion. Some of the conflicting laws date back the early or mid-1900s, while others date further back to the late-1800s.

An example of the latter is the Cape Libel Act of 1882, which criminalizes defamation. Another is the Sedition and Subversive Activities Act of 1938, deeming any speech or publication seditious if the intent is to bring “the King, his heirs, successors, or government into contempt or encourage hatred of them”.

The right to freedom of expression, as set out in the Constitution, also includes freedom of the press and the media to hold and express an opinion without interruption. The reality, however, is a media that has the potential and the de jure right to function freely, but is limited by government and the head of state; in addition, of course, to being curtailed by the many contravening laws.

It goes without saying that these impediments to a free media make it difficult  for editors and reporters to carry out their everyday work. Owing to these challenges, it is the people of Swaziland who ultimately suffer the most.

Freedom of expression is not just an individual right. On the other side of the coin the state has an obligation to ensure that there is accurate information accessible to the people.

This, the freedom to express oneself without fear of persecution, is usually defended in a country by the media. For this to happen, though, the state must see to it that the media can function freely and independently; otherwise journalists cannot fulfil their obligation to tell the truth and report on critical events. And if the media is not telling the truth, who will?

Stories about ‘sensitive issues’ in Swaziland are generally reported by media houses outside the country. These stories, therefore, are usually brought to the attention of Swazis via outside media or by electronic media. The problem, however, is this information does not always reach all Swazis.

This vicious cycle — whereby government relies on outdated laws, ensuring the media cannot function freely — means the journalists cannot bring accurate information to the people of Swaziland. This cycle is not a secret: though the media might not write about it, it is still there, visible for everyone who takes a critical or questioning view.

Instead of finding someone to blame, I am interested to see who breaks the cycle first. A good way to start might be amending or getting rid of the contravening acts. The only problem, though, is I can think of only one person in Swaziland who has the authority to do so.

Charlotte Winberg is an exchange student from Åbo Akademi University, Finland. She is completing her first semester of an LLM/MPhil in Human Rights and Democratisation in Africa programme at the University of Pretoria’s Centre for Human Rights in South Africa.

The below is a press release issued by the Swaziland Coalition of Concerned Civic Organizations (SCCCO) and Swaziland United Democratic Front (SUDF), and appears here in MISA-Swaziland’s e-Forum. The e-Forum is an ‘online space’ for news and information on Swaziland’s civil society and NGO sector, and for more general news and information on media freedom. The e-Forum is a practical expression of MISA-Swaziland’s mission to promote free speech and access to information. 

PRESS RELEASE ISSUED BY:
Swaziland Coalition of Concerned Civic Organizations (SCCCO)
&
Swaziland United Democratic Front (SUDF)

7^th June 2013, Caritas, Manzini, Swaziland.

WE, civil society organisations, coordinated by the Swaziland Coalition of Concerned Civic Organizations (SCCCO) and the Swaziland United Democratic Front (SUDF) inclusive, but not limited to, trade unions, faith-based organisations, youth, media organisations, women’s rights organisations, People Living with HIV/AIDS, LGBTI groups and artists representing a diversity of the Swazi populace,

• CONCERNED about the ongoing exclusive nature of the current Tinkhundla system of governance and the continued violation of human rights, including the suppression of the will of the people through the limitation of the freedom of association and assembly, and in particular the continued prohibitions on free political activity through the non-registration and operation of political parties and their participation in a multi-party election in Swaziland.

• CONCERNED FURTHER that despite the submissions of Swazis at the Sibaya (People’s Parliament, which is constitutionally recognized as the highest policy making body of the country) which recommended changes to the current system of governance and in particular the conducting of democratic multi-party elections in Swaziland’s 2013 national elections.

• CONCERNED FURTHER  that notwithstanding Swaziland being a signatory to a number of regional and international Conventions and Treaties on political participation and human rights such as the International Covenant on Civil and Political Rights (ICCPR); African Charter on Democracy, Elections and Governance; and SADC Principles and Guidelines Governing Democratic Elections, the State does not respect and continues to violate these Conventions with impunity and is not being held accountable by the relevant structures of the SADC, AU, Commonwealth, and UN.

• CONCERNED FURTHER that the lack of democracy in Swaziland has been to the detriment of the Swazi nation as manifested in the collapse of the Rule of Law and the principle of the Separation of Powers which ensures good governance. Consequently, this has exacerbated the situation of poverty, unemployment, corruption and deteriorating standards of living of the majority of Swazis.

• NOTING that multi-partyism is not a new concept in Swaziland and that Swaziland attained her independence on a multi-party platform which was unilaterally abolished by the governing authorities in 1973.

• NOTING that the State has demonised, criminalised and sanctioned participation in activities aimed at promoting democracy and political parties to such an extent that it has instilled fear amongst the populace as one of the mechanisms to discourage and disenfranchise the Swazi nation.

• RECOGNISING that, it is imperative that, despite our diversity, a collective and unified effort must be ensured as we endeavor to realise the common goal of a pluralistic new order,

have agreed to work together to advocate for the restoration of multi-party democracy in Swaziland.

Our campaign message and call is for:

“The unequivocal and unconditional unbanning, recognition, registration and operationalisation of political parties in the country.

“This should be inclusive of the appropriate changes to the national constitution and electoral laws to enable political party participation in elections as political parties and not exclusively through “individual merit.”

The campaign objectives are aimed at mobilisation and raising the voice of the mass democratic movement in calling for the restoration of multiparty democracy in Swaziland. Through the campaign we seek to ensure that the nation successfully charts a way forward towards the peaceful and genuine resolution of the 40-year old political impasse which has adversely affected all Swazis.

For further information contact:

Musa Hlophe – Swaziland Coalition of Concerned Civic Organizations
+268 7604 8988 or +268 2505 5911 or +268 2505 5878
Email: sccco@swazi.net

Lomcebo Dlamini – Swaziland Coalition of Concerned Civic Organizations
+268 7614 7137
Email: lomcebod@gmail.com

Wandile Dludlu – Swaziland United Democratic Front
+268 7611 1676 or +268 250 58926
Email: sudf2008@gmail.com or wandidludlu@yahoo.co.uk

“Essentially all laws that hamper the enjoyment of fundamental rights as enshrined in the Constitution should be abolished or amended to comply with the supreme law of the land.”

Phakama Shili, advocacy officer at Swaziland’s Media Institute of Southern Africa (MISA-Swaziland), writes a weekly column for daily newspaper Swazi Observer. The column, ‘Constitutionally Speaking’, considers human rights and the quest for democracy in Swaziland. 

27 June 2013. This article will discuss human rights and then contrast these with the rights of animals, otherwise known as animal welfare. This will be attained by reviewing the Constitution of the Kingdom of Swaziland, especially chapter three which deals with human rights protection.

I also strive to demonstrate that the Game Act 1992, which provides immunity for game rangers who kill poachers, violates the bill of rights.

Essentially all laws that hamper the enjoyment of fundamental rights as enshrined in the Constitution should be abolished or amended to comply with the supreme law of the land.

The Constitution seeks to re-order and improve human interaction and the environment by ensuring that people are able to enjoy their basic human rights. Our Constitution does not have a provision on environmental rights, hence animal welfare should not override human rights.

Phakama Shili’s article as it appears in the Swazi Observer

The rights to life and dignity are the most important of all human rights and the source of all the other personal rights thus the state has a duty to ensure their full realization. According to section 15(1) of the Constitution, a person shall not be deprived of life intentionally except in the execution of a sentence of a court in respect of a criminal offence under the laws of Swaziland of which that person has been convicted.

The Constitution goes on to state that the death penalty shall not be mandatory. These provisions clearly demonstrate the extent to which extrajudicial killings are condemned by the Constitution as the taking of human life is only permitted under exceptional circumstances which involve the justice system. However, the Constitution goes on to provide other circumstances under which the right to life can be taken, amongst of which is self defence.

Self defence

As a rule, our law does not support community justice, vigilantism or self- help, requiring rather that citizens resort to the law.  However, it is recognised that there are circumstances when an individual has to gain necessary and/or immediate redress that will not be achieved by waiting for the law to intervene. In such circumstances, the law permits the individual a right to resort to self-defence (Jonathan Burchel on Principles of Criminal Law, 2005). This is where section 23(3) of the Game Act, which provides immunity for game rangers who kill people, comes in.

The rationale for this provision is to guarantee the safety of game rangers in protecting themselves against any unlawful attacks from poachers. However this does not give them a general licence to kill suspected poachers as we have seen in the past days. In our criminal law, self defence is treated as a ground for justifying an otherwise unlawful act (e.g. murder). Thus, when self-defence is raised in evidence, the accused person is, in fact, seeking to negate the element of unlawfulness from his/her conduct by claiming that his/her action, despite meeting the definitional elements of the crime, is nevertheless justified and, consequently, not unlawful.

The process of proving whether the act is justifiable in law should be done by the courts: the ultimate interpreters and enforcers of the fundamental freedoms that are enshrined in the Constitution.

Therefore, the impunity that is enjoyed by game rangers is not only unconstitutional but also offends the basic principles of justice and fairness. Our justice system sets a threshold that must be met by a person seeking to apply self defence to justify his/her unlawful action. For instance, it must be proved that the defence was necessary to protect the interest threatened and there must be a relationship between the attack and the defensive act. This implies that for the game ranger, shooting to kill must be the only available remedy to defend his/her life and that of the wild animals under attack. In fact, self-defence requires that a person should rather flee than kill his assailant where he can save himself by flight, but that no one is expected to take flight to avoid an attack where flight would not afford him a safe way of escape (Shiba v. Rex 1977-1978 SLR 16).

Furthermore, the law requires that the retaliation be proportionate or rather the method used to avert the attack must be reasonable under the circumstances and if excessive force is used, the plea of self defence fails. Therefore, it suffices to say that shooting to kill is not sensible to protect wild life since there are always other available alternatives to track down suspected poachers especially when they are using vehicles to escape. In fact even police officers fire warning shots in the air before shooting at suspects, thus game rangers should not be treated differently.

In line with the United Nations Universal Periodic Review recommendations on Swaziland’s human rights status, the country must amend the Game Act to comply with section 15 of the Constitution — protecting the right to life. This will help to ensure the rule of law is upheld and provide means to protect the rights under threat. Whereas Swaziland is party to the International Covenant on Civil and Political Rights (acceded to on 26 March 2004) and the African Charter on human and Peoples’ Rights (ratified 15 September 1995), the state is obliged to investigate and prosecute game rangers who exceed the permissible confines of self defence. Additionally efforts must be made to rejuvenate the co-existence of wildlife and human beings in order to create a more self-sustainable environment. This can be achieved if the Swaziland National Trust Commission can intensify its efforts to implement a policy that will ensure the participation of the communities neighbouring game parks in order to protect wild life. Studies indicate that a high level of community participation in nature conservation has a positive impact in reducing the rate of poaching.

For example, in Zambia as a result of a national policy of wildlife management called the Administrative Management Design (ADMADE) in a three-year period, poaching of elephants declined by over 90 percent in one wildlife area where local participation was actively promoted. What’s more, the communities must be assisted to establish projects that will enable them to have alternative protein sources other than game (i.e. introduction of fish farming, more intensive farming of plant protein species, etc.) And game parks must allot a sustainable quota of animals to the local communities for food purposes, and employ the community members to guard the game and further assist them to establish strong community policing mechanisms. Ultimately the communities will have a sense of ownership and work together to protect the wildlife in their communities.

Since animals do not have rights in the way that humans do, we should recognise that animals can be used for reasonable purposes, but should not be abused. Hence in protecting wildlife, the rights of human beings should be not be relegated.

You will find all of Phakama’s Constitutionally Speaking articles by clicking here. 

MISA-Swaziland Alert
8 July 2013

Swaziland’s ministry of information, communication and technology is working on cyber security legislation.

The ministry hosted a conference on July 3 2013, titled: “Transposition of SADC Cybersecurity Model Laws into National Laws for Swaziland, 2013.”

Ministry of ICT principal secretary Sikelela Dlamini opened the conference, saying that cyber crime laws are needed in Swaziland to prevent computer hacking, to stop Internet predators and to clamp down on online pornography.

Conference participants, led by members from the International Telecommunications Union (ITU), discussed the need to pass local legislation based on SADC model laws.

Minister of ICT Winnie Magagula said every effort must be made to pass cyber sectary laws quickly. She said it would be unacceptable to wait ten years to pass such laws, alluding to the delay in passing other communications-related legislation in Swaziland.

The ITU members presented information on electronic transactions, commerce law and data protection.

“The SADC Model Law on Electronic Transactions and E-commerce provides a tool that Member States can use to create a more secure legal environment for electronic transactions and e-commerce,” according to the model law document on electronic transactions.

The model law on data protection says “the establishment of a protection regime for personal data will only be effective with the creation of a Protection Authority in order to foster compliance with the law and protection of privacy in general”.

The third model law that was discussed concerned “computer crime an cybercrime”. The objective of such legislation, according to the model law document, is “the criminalization and investigation of computer and network related crime”.

Swaziland’s ministry of justice and constitutional affairs was also in attendance at the conference, which was held at the Swazi Spa Convention Centre.

For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director
Email: misa.nd@realnet.co.sz

MISA-Swaziland e-Forum article

Myles Mumford is a radio producer working at Lusweti, a health communications NGO in Swaziland. Myles recently helped a Swazi community radio campaign by recording local artists and producing a CD. All proceeds from the sale of CDs will go toward the campaign for community radio in Swaziland. Read on for Myles’ take on the project…

Hello friends!

I am currently volunteering in Swaziland, a landlocked country in Southern Africa. I’m here working on a variety of projects but mostly working in radio.

Imagine if you will that there was no community radio, no radio based on local community issues, very little broadcast of local musical content; no free broadcast discussing political issues and no alternate view of local or international news. That is the situation in Swaziland.

Swaziland has no community radio network. The nation’s communications are tightly controlled by the government. The national broadcaster is essentially a propaganda mouth for those in power. For the past 13 years the Lubombo Community Radio (LCR) initiative has been lobbying for a community radio licensing scheme so that they could secure a permanent community radio license.  In the last 13 years they have been granted 4 one-day licenses to broadcast the kings birthday celebrations, that is all — a definition of persistence if you ask me. But all that looks set to change.

Veteran community radio campaigner Ambrose Zwane

Earlier this year the parliament finally passed legislation allowing for the licensing of community radio, and when this legislation has been approved by King Mswati III there will be a legal framework for the issuing of non-government radio licenses. The goal of LCR, therefore, is within reach. But as with many things in developing countries they now they need funding for equipment and training.

The LCR, led by veteran community radio campaigner Ambrose Zwane, is a network of four community stations covering each of the four regions of Swaziland and will broadcast local content, local community discussions, locally created music and begin open discussions of local politics. However without the much-needed equipment and training this will not happen.

Earlier this year I worked with the LCR and members of the Lubombo region to record 9 local bands, so that during their fourth kings birthday broadcast the LCR could broadcast local musicians playing local music in the Swazi vernacular, siSwati.

We have now made this album available for sale on bandcamp to raise funds for LCR. It was a real hoot to record. It’s full of great local music and it’s for a great cause. I really hope you can support this program and I hope you can share this campaign with your friends, family and colleagues…

Click here to listen to the CD and to buy a copy

Click here for Lubombo Community Radio facebook page

For more information email mylesgmumford@gmail.com and go to www.mylesmumford.tumblr.com

This article, by Swazi student and journalist Ian Lwazi Dlamini, forms part of a series on media and children. Ian wrote this article for MISA-Swaziland after attending a recent MISA and Save the Children training session on ethical media reporting of children.

“The press has great power to affect the lives of millions of people. Like any other powerful institution, it must be prepared to listen to complaints, to explain its decisions to readers and viewers, and to acknowledge and correct mistakes.” (Media Law, U.S. Department of State).

The press provides its readers, viewers and listeners with diverse information, presented as news stories and news analysis. In gathering and presenting news stories involving a child, the press should have more than an interest in protecting the child’s rights, but should have a responsibility. The primary role of the press is not to publish child abuse stories; the primary role of the media is to protect children’s rights.

The first job of a news reporter is not producing a front-page story that reflects the interests of his media house, but it is producing a story that reflects the interests of the public. Amongst other media responsibilities, the press should adhere to the following three media ethics, two of which are outlined in the Swaziland National Association of Journalists (SNAJ) Code of Ethics.

1. Social Responsibility

a) Approach – when reporting news, it is the responsibility of the press to use an approach that protects the child’s rights rather than making sensational headlines. The press should collect and disseminate information that answers the who cares? and the what now? questions. As case studies let us consider one child abuse story published by the local press which does not pass this test and one South African story which does.

How not to report child abuse. Times of Swaziland, December 10 2012

On December 10 2012, the Times of Swaziland published a child abuse story about a nine-year old who was raped. The story’s lead reads, “Two elderly men allegedly had sexual intercourse with a nine-year old girl on different occasions and paid her E1 afterwards”. The approach used in story showed that the news in the story wasn’t the ‘rape’ but the E1 paid afterwards.

On November 16 2012, the Mail & Guardian published a story about sexual abuse at school as ‘a pandemic’. The story’s lead reads, “War must be waged against the pandemic of sexual violence and the sexualisation of South Africa’s pupils, civil society said this week”. Although the story is about a workshop, the approach used in the story answers the who cares? and what now? questions.

How to report child abuse. Mail & Guardian, November 16 2012

Instead of sensationalizing how pupils sell sex videos and how they offer sex for taxi rides, the story deliberates on how the conference resulted in possible solutions. The approach used was ‘solving the problem’ instead of ‘sensationalizing the problem’. It is the responsibility of the press to use an approach that benefits and meets the public’s interests.

b) Pictures – Article 15 (1) of the SNAJ Code of Ethics, stipulates that “journalists should avoid identifying survivors of sexual assault or any information that may lead to the identification of the survivor”. This is a crucial way of protecting, not only children rights, but every survivor’s rights, regardless of the age. Using the two mentioned publications, correct application of Article 15 (1) will be put to the test. The picture used by Times of Swaziland is a full photo of the survivor who only has part of her face hidden. The photo’s caption reads, “The nine-year-old girl (L) who has been sexually abused by two men who paid her E1, sitting with her grandmother and aunt”.

Is this ethical? Times of Swaziland, December 10 2012

On the other hand, Mail & Guardian uses a photo of a child tightly holding onto a doll as if her life depends on it. Her face is not just ‘hidden’ but is not shown in the photo. The photo doesn’t look like the one of the victim but like a picture of some child. The photo caption reads, “Rights group Section27 is working on six cases in schools in three provinces involving rape and coercive sex”.

A better way to use photos. Mail & Guardian, November 16-22 2012

2. Accurate Reporting

a) Truth - Jane Kirtley, writer of the earlier quoted book, Media Law, believes that “the press must seek truth and report it. It must be tireless in seeking and achieving accuracy. The press must never knowingly publish a falsehood”.

A story about a toddler who survived her father’s murder attempt was published by the Swazi Observer and Times of Swaziland (June 4 2013). On June 20 2013, the Swazi Observer reported that a South African Gospel artist had ‘awarded’ a bursary to the toddler.

Two days later, the same publication, in the entertainment section, reported that groceries worth E3, 000 ($US300) had been given to the three-year old toddler’s family by the Gospel artist. In addition, the artist had offered to audition the mother of the toddler the following weekend during upcoming auditions because “she said she could sing”.

The mother of the survivor (and me) were shocked to read this news. As a person I knew and visited regularly those days, I verified that more than half of what had been published was falsehood (as Kirtley puts it). No bursary was awarded to the toddler, groceries bought amounted to less than E200 (I’m a witness) and the mother was never invited to auditions (who would leave her injured child in hospital and go to music auditions anyways?).

The South African Gospel artist might have given the journalist the information published by Swazi Observer but the journalist didn’t adhere to Article 1 (2) of the SNAJ Code of Ethics which stipulates that “A journalist should make adequate inquiries, do cross-checking of facts in order to provide the public with unbiased, accurate, balanced and comprehensive information”.

b) Secondary trauma – According to Article 18 (3) of the SNAJ Code of Ethics, journalists should endeavour to avoid reporting on information that will result in secondary trauma. Because of published falsehood, the mother of the toddler suffered great trauma. It is the responsibility of the press to protect survivors from secondary trauma by not publishing inaccurate stories and/or doing irrelevant follow-up stories.

3. People’s Right to Information

a) Educating and Persuading function of the press – The press has a responsibility to educate the public about children’s rights as well as persuade the government and the public at large to protect these rights. This can be achieved, amongst other ways, by answering the who cares? and what now? questions in the news stories and analyses published.

Apart from reporting on sexual abuse at school as ‘a pandemic’, the Mail & Guardian educated the public about a “wonderful policy on how schools should deal with this”. Through its headline, it also persuaded the public “to do something” which answers the who cares? and what now? questions.

b) The mirror function of the press – The press has a responsibility to be a true reflection of its society. MISA Swaziland, in partnership with Save the Children (International) ran a media project on ‘children and the media’ in June 2013 which involved research on the media, training of journalists and discussions with youth people.

Preliminary results from the research shows that while newspapers in Swaziland often write stories about children and young people, these stories rarely capture the actual voice of young people or children. Mostly, it is politicians, civil servants, NGO leaders and police who are talking about, or on behalf of children in the media, rather than the children themselves.

MISA Swaziland’s research presents the ‘facts-gap’ that the Swazi press should close through providing a space or time for children to talk about abuse, their rights and protection. The facts-gap can also be closed by surveys conducted by the press as well as detailed analysis of data available with Swazi courts and/or NGOs dealing with child abuse. The surveys and research will also enable the press to know the interests of the people: what they want to listen to or read about.

c) The Watch Dog function of the press – “As an American judge once wrote, the default position for the press is to publish. Government should bear the burden of justifying any restraints. This formula preserves the watchdog role of the press and facilitates government’s accountability” (Media Law, U.S. Department of State). The big question is, Who watches the watch dog? This question is answered differently by different countries but the most reasonable answer says the press should watch (or regulate) itself, with help, of course, from readers and viewers.

Article 29 (1-7) of the Constitution of Swaziland stipulates rights of the child. As a watchdog of society, it is the duty of the press to ensure that these rights are respected by both the public and the government. The government uses the constitution as a tool for governance. The press must use it as a tool for accountability.

If the government has deprived children any of their rights, it is the responsibility of the press to challenge assumptions, to question authority, and to seek the truth. The press has the crucial function to monitor and protect the rights of children as well as to persuade parliament to enact laws that provide a good support system. It is the responsibility of the press to monitor and report on the making, implementation, launching and evaluation of the laws. And, of course, the press should always strive for honesty and accuracy in its reporting.

With the power to influence the lives of so many people, the press must work to protect children — while also informing, educating and persuading the public to do the same.

MISA and Save the Children media training 21 June 2013. From L-R: Ian Lwazi Dlamini (student and journalist), Koliwe Majama (MISA project coordinator), Siphiwe Nkambule (Super Buddies youth magazine)

Click on the headlines below to read more about the MISA-Swaziland and Save the Children media project

Students meet the media in Swaziland, by Zwelihle Sukati

Learning from the children, by Patrick Myeni

MISA listens to students, trains journalists, by MISA-Swaziland

MISA-Swaziland Alert
July 11 2013

A community radio network has been launched in Swaziland. The network, made up of several community radio lobby groups and NGOs, is campaigning for community radio stations in Swaziland.

UNESCO’s Lydia Gachungi speaking at the launch

UNESCO associate project officer Lydia Gachungi, who made a presentation at the event, said from the SADC countries that UNESCO supports, Swaziland is the only one that does not have a legal framework in place for the operation of community radio stations. Gachungi urged all those at the launch to keep working hard in lobbying government to speed up the passage of necessary legislation.

The need for community radio: MISA-Swaziland Chairman Alec Lushaba makes the case

Swaziland’s Media Institute of Southern Africa (MISA-Swaziland) and the Open Initiative of Southern Africa (OSISA) helped to organise the launch. Chairman of MISA-Swaziland Alec Lushaba said community radio, if and when operating in the country, will help to promote access to inforamtion and will help foster development. Lushaba also encourgaged people to keep lobbying for the passage of legislation – Swaziland Broadcasting Bill – that will allow citizens to get community radio licesnes, and therefore begin broadcasting.

Ngwempisi MP Veli Shongwe making a presentation at the launch

The minister of ICT, Winne Magagula, was invited to the event but didn’t attend. In her absence, Ngwempisi MP Veli Shongwe thanked the organisers of the launch and expressed his hope that community radio would be broadcating soon.

Lubombo community radio campaigner Ambrose Zwane

Verteran community radio campaigner, Amrbose Zwane, from Lubombo community radio campaign, spoke about the work the network will do and thanked MISA-Swaziland and other partners for their support.

Also at the event was a representative from the U.S. Embassy in Swaziland, members from Swaziland Action Group Against Abuse (SWAGAA), and the Royal Swaziland Sugar Corporation (RSSC).

The community radio network (CRN) is “an association of representatives of community radio initiatives”. According to the launch press release the “Interim Committee for this network was elected in May 2013. It is composed of representatives of existing and soon-to-be established local community radio (organisations): Lubombo, Matsanjeni, Ngwempisi, Voice of the Church (VOC), Seventh Day Adventist Church, and the University of Swaziland”.

As is stands, community radio doesn’t exist in Swaziland. There are only two radio stations in the country. The dominant station, SBIS, runs an English and siSwati service. The government effectively controls SBIS. Members of parliament are banned from speaking on SBIS and citizens need approval from their chief before making an announcement. The other station, Voice of the Church, airs mainly religious content.

The community radio network is supported by human rights group COSPE, the U.S. Embassy in Swaziland and the World Association of Christians Communication (WACC).

The launch was held at the George Hotel in Swaziland’s commercial capital Manzini and was attended by over 50 people.

For more information see Lubombo’s community radio facebook page.

And click here to read more about the campaign for community radio in Swaziland.

For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director
Email: misa.nd@realnet.co.sz

The following article appears in the Swazi Observer newspaper on Friday 12 July, 2013. Click here to be redirected to the Swazi Observer website where the article was sourced from.

By Nosipho Shongwe

THE United Nations Educational, Scientific and Cultural Organisation (UNESCO) yesterday shared guidelines with Community radio stations on how to access funding from the organisation during the launch of the Community Radio Network launch.

The article as it appears in the Swazi Observer, Friday 12 July, 2103

The following report was presented by MISA-Swaziland National Director Vuyisile Hlatshwayo at the Annual General Meeting, held at the Swaziland Theatre Club on Saturday 13 July, 2013.

Board of Trustees,
NGC Chairperson,
Members of the NGC,
EBC Deputy Chairman,
OSISA Programme Manager,
Distinguished Delegates,
Ladies and Gentlemen,

INTRODUCTION

I request you all to stand up and observe a moment of silence following the sad departure of the publisher of our only SiSwati newspaper, Bonisile Mncina last year. This is a big blow to our quest for access to media to have an informed society.

As someone who jumped into a boat bobbing about on the choppy water, please bear with me where my operational report comes across as scanty and sketchy. If you find it too short, you must know that I’m too short to fit into the big shoes of my long-serving predecessor in the MISA Swaziland Office.  As I have already indicated, nothing much has really happened to change the bad picture he painted last year. You all know that we are still not yet out of the woods. The world economy is still in the process of recovery from the global economic meltdown. It therefore goes without saying that things are still pretty miserable in the NGO sector.

MISA Swaziland appears to veer towards the brink of collapse due to lack of resources, we need make a lot of sacrifices to advance the cause of freedom of expression and media freedom. The 60 percent budget cut on both operational and programmatic costs has worsened the dire situation. Staff morale is low because of job insecurity coupled with stress caused by uncertainty around the future. It becomes worse when at times the most loyal and hardworking employees are not even sure whether they will be paid their monthly salaries every quarter.

The most disturbing factor is that several donors and philanthropists consider Swaziland a middle-income country, and not a poor country, thereby diverting their eyes and money elsewhere. This frustrates our efforts to attract potential donors and philanthropists. Despite the plethora of challenges, MISA Swaziland continues to plod on. We will continue to knock on their doors with the hope that one day they will lend us their ears and hands to advance our just cause. Our task is to make them understand and appreciate the critical role of the media to foster development and democracy in every society.

FREEDOM OF EXPRESSION & RELATED CHALLENGES

Freedom of expression and media freedom in Swaziland is no different from chasing a mirage. MISA Swaziland has witnessed continued government’s stranglehold on the media. The manifestations of the stranglehold are nothing but the high incidence of media freedom violations. In the year under review, the government tightened its grip on both print and broadcast media. Minister of Information, Communications and Technology Winnie Magagula issued directives that were in complete violations of media freedom. During the state visit of Equatorial Guinean President Teodora Obiang Nguema Mbasago, the minister ordered the editors not to embarrass the monarchy by publishing negative stories about his guest. This was followed by the Guidelines on Public Service Announcements, which ban citizens from using the broadcast media without seeking approval from the authorities.

Worse still, the progressive movement found itself out in the cold as its members were blacklisted and the state-controlled broadcasters were banned from covering their activities. There was also a concerted effort to purge dissidents in the print media. The editor-in-chief of the Swazi Observer was the first victim as he was fired for giving a voice to the leaders of anti-government organisations. The axe also fell on two Swazi Observer editors who were allegedly accused of not following the original mandate of the paper.

Taking a cue from this brutal assault on media freedom, the uniformed forces and members of public attacked some journalists in their line of duty. Unfortunately, none of the attackers of the journalists, who committed a crime, were brought to book by the law enforcement agency.

Inevitably, such violations of media freedom forced the media practitioners to cower and prefer to toe the line to play it safe.  No wonder the media fraternity kowtows unabashedly to the ruling elite. The Swazi media shy away from real important public issues and practise mainly press release journalism. Censorship and self-censorship, the antitheses of freedom of expression and media freedom, reign supreme.

RESOURCE MOBILISATION

In wake of the global economic meltdown, mobilisation of resources has become a top priority but at the same time the most stressful and daunting task. The UN Human Development Index classifies Swaziland a middle-income country. With donor fatigue leading to the eschewing of Swaziland, MISA-Swaziland has had to embark on an aggressive resource mobilisation exercise for survival. In 2012, MISA-Swaziland together with other local NGOs submitted a joint proposal of 75,000 Euros to CAFORD in Zimbabwe, which was unsuccessful. Another funding proposal submitted to the Open Society of Southern Africa (OSISA) was of $250, 753.85. It was successful but with an approved less budget of $74.625.82. Another unsuccessful proposal of $15, 000 was submitted to the Maputo-based Canadian Local Initiative Fund.

The OSISA grant was released in the October 2012 to support a number of programmes in line with its objectives. This particular grant caters for the following:

i. To enhance the organisation’s organisational capacity of MISA Swaziland to carry out a successful access to information campaign.

ii.         To build the capacity of the Swaziland Press Club as a platform for critical national debate.

iii.        To mount a successful access to information campaign that brings greater awareness on the importance of this law among various stakeholders, including parliamentarians and the broader Swazi citizens.

iv.        To mobilize civil society to support a campaign for the enactment of Access to Information legislation.

Another funding of E92 000 was sourced from the US Embassy in November 2012. This was for training the civil society groups on the development of media strategy. There was a general feeling in the local civil society groups, that their publicists lacked media strategy skills to communicate effectively their messages through the media. The newly appointed ND also visited the different media houses in bid to recruit membership.

STAFF COMPLEMENT

In the past year, MISA-Swaziland Office lost its ND. The ND’s contract expired and it was not renewed. As you all know, it is not easy to run efficiently an organisation when you are thin on the ground. Unfortunately, that was the case. The Office has failed to recruit the ICO replacement due to the ever-dwindling resources. It relied on an intern, Nomenzi Masuku, who did almost the entire work of the ICO until her own departure at the end of January 2013. A replacement for the former ND came on board late in August 2012. An Australian Volunteer International (AVI), Bill Snaddon, replaced Mary Ellen-Rogers in September 2012 as Communications and Research Officer. His core responsibility entails research, communications and the website. Those of you who are technology-savvy, you may be aware of the wonderful work on our website. With the release of the OSISA Grant in October, MISA Swaziland was able to recruit an advocacy officer whose critical responsibility is to take charge of our outreach media freedom programmes. Phakama Shili joined us in February this year. He brings a wealth of legal and human rights expertise from the Manzini-based Centre for Human Rights. We can now claim to have a winning team. Given your unwavering support we can steer our boat clear of the choppy water.

INDUCTION OF NATIONAL DIRECTOR

In the third week of November 2012, the new national director went to the Windhoek-based MISA-Regional Office for his induction on the organisational culture and operations. This happened three months after his recruitment. This was a three-day induction session where the MISA executive director and the all the MISA Regional staff from the different departments took the newly appointed ND through all the organisational culture and operations. This was helpful as the ND returned home understanding the bolts and nuts of the organisation and ready to implement its freedom of expression and media freedom mandate without fear or favour.

ISSUES BEFORE US: CENSORSHIP & PROFESSIONALISM

There seems to be no improvement in the Swazi media environment. In fact, it seems that each year it gets worse. As a result, 2012 was no different as all the media houses experienced insurmountable problems. Leading the pack was The Nation magazine together with its editor, who was hauled before court charged for contempt of court by the Chief Justice following articles published in 2009 and 2010. Hot on the heels was the major shake-up covered in the NGC chairman statement. Two journalists at the Times of Swaziland were assaulted in the line of duty. This goes to show that practising journalism in the country is not safe.

Moreover, censorship in all its forms continued to rear its ugly head. For example, Government dusted off the Guidelines on Public Service Announcement banning people irrespective of their status from using the state broadcasters. Media owners continued to compromise (at least now openly) the journalism professionalism. We, at MISA, remain concerned about the Times of Swaziland Managing Editor doubling as King’s Office Correspondent. What worries us more is the fact that as the only independent newspaper in the country, by association, the Times ME’s position becomes pliable to the authorities, thus compromising its independence to report without fear or favour. Unprofessional conduct was reported to MISA Swaziland of a journalist who was spying on others for police in the media houses. As a media watchdog, we won’t tire condemning such transgressions and exposing all those bringing the name of our profession into disrepute. Journalism is known to be a value-laden profession so we expect all media practitioners to abide with journalistic ethics and uphold true professionalism.

HIGHLIGHTS OF FLAGSHIP ACTIVITIES UNDERTAKEN IN YEAR UNDER REVIEW 

January – December 2012

Component 1: Media Freedom Monitoring and Research

1.1       Daily monitoring and reporting of media freedom violations

MISA Swaziland continued to monitor the media with the intention to identify daily occurrences of violations of media freedom. This is actually aimed at fostering the citizens’ freedoms of expression and the media. The organisation monitors committed violations with the intention to provide any form of assistance to the affected journalists and media houses dependent upon the availability of resources.

1.2       MISA Swaziland Alerts

In the year under review, recorded incidents which warranted issuance of media alerts totalled 11. These were a true reflection of the country’s hostile media environment.  Six of them were classified as censored; three were lawsuits; two were attacks and one positive. Ten of the media alerts made it risky and difficult for the journalists to carry out their duties. This was further compounded by the heavy censorship evidenced by the pulling off air a popular talk show programme and issuing of guidelines barring citizens from using the state broadcasters. Dissenting voices of members of the progressive movement were completely silenced as the state broadcasters blacklisted them.

1.3        Conduct evidence-based research & monitoring to support media freedom

Padlock Awards 2012

The Open Secrecy Research, an annual event, was conducted with the purpose to gauge access to public information. Its objectives are to:

i. Access the level of transparency in government and public institutions

ii. To determine the level of compliance with the provisions of the national Constitution

iii. To inform advocacy activities by MISA Swaziland around the campaign for enactment of ATI Act

iv. To recommend the implementation of strategies that help improve the level of transparency in government.

The research was conducted in the following six institutions:

i. Prime Minister’s Office
ii. Ministry of Information, Communication and Technology
iii. Ministry of Commerce and Trade
iv. Ministry of Tinkhundla and Development
v. Municipal Council of Mbabane
vi. His Majesty Correctional Services

MISA–Swaziland discovered that the studied institutions use one government website outlining the roles and activities and provides contact details. Its content was outdated and the government departments did not solicit the public input.

1.4        Press Freedom Awards – WPFD

World Press Freedom Day Celebrations

MISA-Swaziland joined the global media fraternity in the celebrations of the World Press Freedom Day (WPFD).  The 2012 WPFD theme was “Media freedom helping transform society.” It challenged both the media and civil society to build a well-informed society through the advancement of the constitutional right to freedom of expression and media freedom. The discussions turned spotlight on the endemic problems of information poverty caused mainly by lack of access to information in the public institutions, all forms of censorship in the newsrooms and lack of media freedom education done through outreach media programmes. Civil society also had its own fair share of blame with regards to its lack of activism.

In summary, the following issues emerged as battlegrounds: Access to information, self-censorship, media ownership, weak civil society and lack of activism. However, the launch of Media Complaints Commission (MCC) was most welcomed. This function was well attended as it was graced by the Director of Information and Media Development, Martin Dlamini, and Secretary General UNESCO Mission, Hazel Zungu, who read the UNESCO Secretary General WPFD statement. MISA Swaziland celebrated this event with its media partners: the Swaziland Editors’ Forum (SEF), Swaziland National Association of Journalists (SNAJ), and stakeholders including the civil society groups.

1.5        Self-regulatory Mechanism 

Operationalisation of MCC – to facilitate the operationalisation of the Media Complaints Commission (MCC)

After doing much of the preparatory work, MISA Swaziland welcomed the official launch of the Media Complaints Commission in February.  The launch itself was preceded by a training workshop conducted by Clement Daniels, Namibian Ombudsman, for the MCC Commissioners and media executives. A Board of Trustees was elected including chairman Musa Nhleko (SNAJ), and members, Jabu Matsebula (SEF), Nozipho Mabuza (Independent Publishers), Maxine Langwenya (Legal Adviser Swazi Observer), Siphiwo Masuku-Mabila (Times of Swaziland) and Michael Motsa (Press Ombudsman). Former Judge Thomas Masuku was appointed to chair the MCC. However, in the year under review the MCC was not operationalised.  This was mainly caused by the absence of the ombudsman in the office after Motsa got new employment at the European Union Office. MISA Swaziland offered to house the MCC and the newly formed Swaziland Press Club as its partners.

Component 2: Policy Advocacy Campaigns

2.1 Capacity-building for media practitioners

SADC Guidelines on media coverage of elections

In September 2012, the ND and NGC Chairperson attended an OSISA-funded seminar where SADC-member states adopted Guidelines on Media Coverage of Elections.  After the incorporation of the input of the delegates, the MISA Regional Office circulated them to MISA Chapters charged with the transposition of the Guidelines on Media Coverage of Elections into their respective countries. Early this year (2013), the ND arranged a meeting with the Chairman of the Elections and Boundaries Commission (EBC) to discuss partnership with the EBC as the key player. The office also submitted a proposal to the Canadian Local Initiative Fund for funding launch and transposition of the Guidelines on Media Coverage of Elections. All these efforts were futile, as the two organisations did not show any interest to support this project. However, MISA-Swaziland has partnered with human rights NGO, COSPE, and is now training journalists on the SADC election coverage guidelines. These practical trainings – funded by COSPE and facilitated by MISA – have so far proved worthwhile and meaningful. The trainings are cheap, easy to organise, and yield immediate outcomes. Three trainings have been held so far and 15 journalists have been trained. It is expected that 5 more trainings on the SADC election coverage guidelines will be held before the national election.

Training of Journalists

A total of 16 journalists from the different media houses attended a training workshop on child reporting organised by the Save Children at the Summerfield Hotel. MISA Swaziland also facilitated the attendance of three journalists from the print media to another training workshop on the mining and extraction industry held in Zambia. This was followed by a journalism summer school organised by OSISA held in Windhoek, Namibia. MISA noted with concern that other journalists ended up not attending because some editors could not release to attend fully sponsored training workshops outside the country. We would like to urge all editors to take full advantage of such free offers meant to improve standard of reporting in the newsrooms. Let those who release theirs share information on the training benefits with their counterparts. Let us copy the best practices from one another.

2.2 Access and Right to Information

True to the Swazi adage: “There is no hurry in Swaziland, lest you find yourself across the border,” the government had continued to drag its feet when it came to the enactment of Access to Information (ATI) Bill. This was much against MISA Swaziland’s efforts to lobby relevant people and using proper structures within government to push the ATI agenda.  As part of its policy advocacy, the organisation had opened up discussions with its line ministry and other important stakeholders about the need for the ATI legislation. One positive development was that a Task Team had been set up by the Prime Minister’s Office to look into the drafting of the ATI Bill.This presented MISA Swaziland with an opportunity to make a presentation to it, thus advocating for the enactment of the ATI legislation. This demonstrated that the PM had realised the great need to disseminate public information and the public should also share their views and concerns to ensure that government is responsive to the needs of the citizenry. MISA Swaziland pointed out the disadvantages of not having the ATI legislation. There was consensus about the importance of crafting such a law.

The organisation got another opportunity during its courtesy visit to the ICT Minister Winnie Magagula. The MISA NGC delegation led by Chairperson Alec Lushaba raised the issue of enacting the ATI to the minister. To keep this on the radar, the organisation had decided to collaborate with the ICT Parliamentary Portfolio Committee. In addition, the organisation had resolved to mobilise other stakeholders to put more pressure on the relevant ministries to draft the ATI. There was hope that the government could end up using a draft of the ATI legislation crafted by a MISA consultant. The ICT Ministry was the one delaying the process because it was now sitting on the draft of the ATI legislation.

2.2 Media Law

Swaziland Communications Bill 2010 & Electronic Communications Bill 2009

Finally, Minister of Information, Communication and Technology, Winnie Magagula did the honourable tabling in Parliament the much-awaited Communications Bills aimed at solving the perennial problems in the country’s communications industry. The two bills were the Swaziland Communications Bill 2010 and Electronic Communication Bill 2009. The former seeks, among other things, to establish the Swaziland Communications Commission, which will regulate and supervise the operations of the telecommunications industry. The latter seeks to regulate the electronic communication networks. Both bills were passed in the House of Assembly and House of Senate. MISA welcomes the passing of the two Bills into laws this year. We strongly believe the Swaziland Communications Act will address the protracted legal battle between the telecom giants Swazi MTN and Swaziland Post and Telecommunications Corporation (SPTC). We are concerned that last year this saga deprived 64 000 SPTC subscribers of communications services.

Component 3: Communication, Dissemination & Publication Strategy

Partnerships and Collaboration with other media entities

When all organisations are vying for a slice of a shrinking cake, real or perceived competing interests are bound to affect their long established working relationships. Not only that, but also misunderstanding and misrepresentation of each other’s mandate also strained relations. MISA Swaziland counts itself very lucky that its partnerships and collaboration with other media entities still exist under the circumstances. As a way of renewing and maintaining partnerships with the Swaziland National Association of Journalists (SNAJ), Swaziland Editors’ Forum (SEF), Swaziland Press Club (SPC) and media owners, the incumbent ND embarked on a vusela mission. The ND visited all the media houses, meeting journalists and management separately. The partners felt free to ask any questions and express concerns about the operations of the media non-governmental organisation. The ND collected this information with the intention of forging strong partnerships. Assurance was given to our partners that MISA Swaziland is not a competitor, but a watchdog charged to empower them to discharge their public service duties in a professional and competent manner. By the same token, MISA Swaziland will not spare them when playing its watchdog role. In a show of support, editors continue to release journalists for training programmes coordinated by the organisation.

ICTs for communication

Since the revamp of our MISA Swaziland website, I have noticed that ICTs for communication – particularly Facebook, Twitter, Skype etc., – are seldom used as a communication tool by some of our members, partners and stakeholders. Nowadays, technology has made life a lot easier, meaning that we can enjoy our constitutional right to freedom of expression and media freedom without looking over our shoulders. Let us now talk, debate and mobilise without attracting the unnecessary attention of the uniformed forces. You can now follow us on our revamped website: misaswaziland.com. We now have our own Twitter and Facebook pages courtesy of Bill Snaddon and Phakama Shili. Send us your comments on our alerts and articles. Lest I forget, we also have our eForum where we are giving a voice to the voiceless in the country, including the NGO sector and other civil society groups. Also, feel free to contribute articles to help us re-launch an online Asikhulume publication.

CONCLUSION

Difficult situations such as ours demand people with nimble minds. As we close this chapter and open a new one, I implore all of us to put together our nimble minds to see if we cannot overcome MISA Swaziland’s challenges. We need to be proactive, innovative and think outside the box to survive these turbulent times. The struggle for media freedom is not about chanting slogans but making sacrifices for a just cause.

We are not going to get freedom of expression and media freedom on a silver platter.

Respectfully submitted,
Vuyisile S. Hlatshwayo

For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director
Email: misa.nd@realnet.co.sz

Click here to read MISA-Swaziland Chairman’s 2012 AGM report

The following report was presented by MISA-Swaziland National Governing Council Chairman Alec Lushaba at the Annual General Meeting, held at the Swaziland Theatre Club on Saturday 13 July, 2013.

INTRODUCTION

Colleagues and friends it gives me great pleasure to welcome you to our second Annual General Meeting here at the Mbabane Theatre Club.

This year, being the country’s election year, the MISA NGC decided to combine our AGM with a symposium that looks at Media and Elections in Swaziland.

I am sure this will give us an opportunity to find our space as freedom of expression advocates and media practitioners to scan the environment and see how it affects us.

Further, the NGC resolved that such a discussion cannot be limited to just our members only, but one that we need to share with like-minded colleagues in the civil society movement and also interested friends.

So without further ado, let me on behalf of the MISA NGC and entire MISA family welcome you to our AGM and Media and Elections in Swaziland Symposium.

After a tough start to the year, I am happy to report to the MISA family today that things are slowly taking shape and our organisation is going back to the one we used to know and passionate about.

A lot has happened during the transition period and it has not been smooth sailing both operationally and organisationally.

Operationally, we are happy to welcome our new National Director Mr Vuyisile Hlatshwayo to his first MISA AGM taking over from our long serving member and ND Mr Comfort Mabuza.

Mr Mabuza had served the organisation for over a decade and has created a strong MISA Swaziland brand. His contribution has made MISA to be the household name it is today and we appreciate his contribution to the advocacy of media freedom and freedom of expression in the country.

Being MISA ND means taking risks, not only to his person but exposed his family as well to the unpalatable comments and reaction that follow advocates like him.

We looked to Mr Mabuza to show us the way and we thanked him most graciously for the role he played.

His era finished in the first half of the year and after a thorough process of seeking his successor we appointed Mr VuyisileHlatshwayo, a veteran journalist, educator and MISA person.

He has a mammoth task of re-establishing the organisation and as the NGC we are quite happy with the strides he has made thus far  and I am sure many of you will concur with us today that our new National Director has so far continued with the legacy of maintaining a vibrant organisation.

He has really warmed up to his new surroundings and we are sure with him at the helm, he would steer us to greater heights, at least in the period he will be with us.

Organisationally, we experienced another tough year in terms of resources and staffing. When Mr Hlatshwayo joined the organisation we were truly depleted. Only the Finance and Administration officer, Ms Lomalanga Nxumalo was in office, supported by an intern. We are truly grateful to her that despite the weaknesses in our ND’s office due to ill-health, he worked tirelessly in supporting the NGC and the RGC to keep the MISA Swaziland Chapter afloat.

We are indeed grateful to her and really appreciated everything she has done for MISA.

MEDIA LANDSCAPE

Former World Bank President James Wolfensohn once said: “A free press is not a luxury. A free press is at the absolute core of equitable development, because if you cannot empower (enfranchise) poor people, if they do not have a right to expression, if there is no searchlight on corruption and inequitable practices, you cannot build up the public consensus needed to bring about change.”

Eight years into our national Constitution which guarantees freedom of expression and media, we can hardly report of any positive developments that have had a meaningful impact in our media space.

The media space is still dominated by the same players in print and broadcasting. The only new entry has been an Agri-business magazine, which only addresses a special audience.

At the same breathe we can say a lot about the infringements to freedom of expression and the media that we have observed in the past year.

The three seats of power – government, big business and media  owners – continue to violate the constitutional rights of citizens to freedom of expression.

In total defiance to the Kingdom’s supreme law, they maintain a stranglehold on the media. On top of the 32 media restrictive laws, plus the Suppression of Terrorism Act of 2008, the government has invoked the Public Service Announcement Guidelines (PAS) to further suppress dissenting voices in the state broadcast media.

What is sad is that even those people who have the power and capacity to change our environment, the MPs, have been subjected to the same treatment of being silenced and have done nothing to correct this problem which violates people’s rights and the guarantees promised in the constitution.

Three Bills which we thought were going to change our media landscape; Communications Bill, Broadcasting Bill and Access to Information Bill, remained just that – Bills in the period under review. These Bills have been sitting with Parliament since 2010. It has only been now in 2013 that government has passed the Communications Bill, but again it still needs Royal Ascent.

It is in the same year that the Attorney General Majeh’enkhabaDlamini, acting on instruction from the Chief Justice, opened a case of contempt of court against The Nation magazine after running a story calling on judges to inject a dose of judicial activism into the justice system.

The Attorney General, however, revealed that Swaziland is not yet ready for true democracy, and it is the prerogative of the Executive (and therefore not the judiciary) to entrench a culture that respects the legal system.

The Swazi Observer newspaper purged its Chief Editor who dared to give column space to several progressive groups and albeit balancing them with traditional voices.

He was soon to be followed by two editors’ Thulani Thwala, Alec Lushaba and company Finance and Administration manager Andreas Nkabinde who were put on ice for a period of eight months, without charges being preferred on them for a quasi-failure to adhere to the newspaper original mandate.

These cases coming from the Managing Director instilled fear in the newsroom and threatened freedom of expression and media. We are however grateful to the new Swazi Observer Board of Directors for reversing the decision of their MD and committing to allow editorial independence.

Whilst we have appreciated the return of veteran journalist Martin Dlamini to head the Times Group of Newspaper, after initially losing him for about three years to government, we at MISA are not quite happy with his close working relationship with the Office of the King.

As the only an independent newspaper, we fear that this close relationship may compromise the newspaper’s independence, thereby failing the marginalised society.

We are always worried as an organisation when newspaper owners increasingly try to ingratiate themselves with the ruling elite.

Left in this exposed state, the print media is easily manipulated by the ruling elite. Interference, censorship, assault, harassment and intimidation are all common. In short, Swazi citizens are being denied their right to freedom of expression and information, thanks largely to a subtle and deceptive interaction between government, business and media owners.

GRANT FROM OSISA

Whilst regionally, MISA funding declined sharply in the year under review, Swaziland was lucky to have secured a programme funding from OSISA, which the ND will elaborate at length about in his report.

The funding from OSISA together with the reduced MISA Regional funding is what has made our chapter to be back on its feet, otherwise without it we would be struggling to make ends meet.

The effect of the OSISA grant is yet to be explored, but we appreciate the support and it is going to help us a great deal going forward as it also seeks to strengthen journalists and media organisations.

Further, given the full functioning office of the ND and the MISA office we were able to also attract funding from other sources like the United States Embassy and also from UNESCO. We have done some work with civil society organisations, media houses and schools, for which we have been grateful to our sponsors and our partners as well.

MOVING OFFICES

After announcing in our last AGM that we moved offices from Dlanubeka Building to Dalrich North, we are happy to announce that we are back in the Central Business district (CBD) and our offices are now accessible by foot to any of our members and partners.

We are happy that despite the escalating rental costs, we have managed to have found suitable space, which despite not being spacious but suitable for our daily work, we have managed to accommodate both the MCC and the Press Club.

MEMBERSHIP

This is a critical area of our institution. For any organisation to be effective, it needs robust and effective members. Without a strong membership, we are like the many media orgnisations doomed. It is my duty as I hereby do, invite you to take seriously your membership with us.

Whilst we encourage individual membership, we are keen to promote organisational membership, as we strongly believe that unless we have strong associations and coalitions, alone as media people we can struggle to have a strong voice.

I therefore encourage organisations defunct or active like SNAJ, Editors’ Forum, Press Club and FAWESWA, and the MWUS to affiliate with us and further explore and strengthen our areas of cooperation.

At MISA we are not at competition with any of the existing or defunct associations, it is in our interest to see these bodies functional, so that the voice of freedom of expression advocates can be strengthened.

CLOSING

In closing let me re-emphasise these statement: In any given country, the media sector ideally performs a number of roles. It provides accurate news and information to the public.

It facilitates public debate and discussion on a wide range of issues, and sometimes sets the agenda for such debate. It holds powerful state and non-state interests accountable, serving as a watchdog for the public interest. In essence, an independent media sector is a key factor in good governance.

Yet getting to that ideal state is far from easy. Financial sustainability is extremely difficult for many media outlets, as is editorial independence from government, the private sector, and other powerful interests.

Restrictive laws and regulations stifle the development of the media. Access to informationand the skills to create content are often lacking. There is however a clear need to support independent and pluralistic media around the world, particularly here in Swaziland.

If the constitution is to work, it needs a strong, independent and pluralistic media. A pluralistic, sustainable, editorially independent media sector is a cornerstone of good governance and long-term development.

The media can act as a sounding board for government policies, an avenue for citizen participation, a national and local town hall, a force for accountability, and a bulwark against abuse of power.

Without the media, it is difficult for citizens to raise and discuss issues of development that affect their lives. In whatever the form, the media have the potential to contribute to an informed, empowered citizenry and to foster responsive, legitimate, and effective government.

Click here to read MISA-Swaziland National Director’s AGM report

The following speech was delivered by Ambrose Zwane, national coordinator of Swaziland’s community radio network, at the network’s launch at the George Hotel in Manzini, July 11 2013. 

Swaziland and Zimbabwe are the only countries that has not yet opened the airwaves for the community radio sector. In past 15 years Lubombo Community Radio has been facing a number of challenges. The main stumbling block is the lack of a legal framework to enable community radios and any form of radio to operate in the country. Relevant bills were formulated years ago but the process has been delayed for a long time.

Ambrose Zwane wowing the audience at the network launch

We thank the Lubombo population for kick starting the road to free the airwaves and for sensitising the other three regions to start their own community radio initiatives. As a sector we give thanks to the Swaziland government for moving the long over waited licensing process, we appreciate to note that at least two bills has been passed. We hope the outstanding bills will be debated soon and all the bills will get Royal Ascent without delay.

In the past few years the community radio initiatives in the country were working as independent individual projects — the formation of this network will enable them to advocate in one voice. The Swaziland Community Radio Network (SCRN) has put in place an Executive Committee with representatives from all the community radio initiatives in the country.

At  the moment SCRN has six members:  Matsanjeni Community Radio, Ngwemphisi Community Radio, University Campus Radio, The Voice of the Church, The Seventh Day Adventist Community Radio and Lubombo Community Radio.

SCRN’s launch marks  the beginning of a strengthened civil society platform which aims to be a platform for the sector to advocate and lobby and mobilize resources, as well as to increase technical capacity building opportunities.  In this direction, the voice of the community radio sector will be unified, clearer and stronger.  The network sets off to be an exemplary media house sector to the mainstream media sector in Swaziland, with a transparent and modern constitution resulting from a participative process, with a 50/50 gender policy applicable to all members and where the contributions of each community radio initiative are discussed and considered. Special importance will be given to gender equity, monitoring and regulation, and capacity building in the areas of advocacy, funds mobilization and management and broadcasting training.

Million thanks to The World Association for Christian Communication (WACC), Media Institute for Southern Africa (MISA), and US Embassy in Swaziland for sponsoring this historic event this will indeed go a long way.

Allow SCRN to invite you to join our efforts to demonstrate the power of a community radio in the society by launching  “A Taste of a community radio Campaign,” a radio programme produced by four community radio initiatives, Lubombo community Radio, Matsanjeni Community Radio, Ngwemphisi Community Radio and University Campus Radio. The production will be stored in CDs and USBs and later distributed to all buses and taxis in the country. This exercise will enable the population to experience community radio production. This campaign will target government units as well as civil society organizations and the broader Swazi populations from October onwards.

I conclude by taking this opportunity on behalf of the entire community radio sector to thank all sponsors of the CDs/USBs production US Embassy in Swaziland, World Association for Christian Communication and Cooperation for the Development of Emerging Countries ( COSPE). If you look at the leaflet you will see all national and international organizations that are supporting the existence of community radios in the country. I THANK YOU ALL!.

For more information see Lubombo’s community radio facebook page

And click here to read more about the campaign for community radio in Swaziland

And here to read about UNESCO’s pledge to support community radio in the country

MISA-Swaziland Alert
July 15 2013

Swaziland’s only independently-owned newspaper, Times of Swaziland, is supporting a campaign to promote reading in the country.

In an editorial on July 15 2013 the Times wrote that “the most hopeful news of the year may be the fact that the Reading Association of Swaziland is on a mission to raise awareness about reading”.

Times of Swaziland editorial, July 15 2013

The newspaper suggested that “Government can help by making books more easily available, through dropping taxes on importing books and subsidising importation and printing costs”.

Swaziland’s Media Institute of Southern Africa (MISA-Swaziland), a free speech NGO, echoes the Times of Swaziland in urging the nation’s leadership to do all it can to promote and encourage a culture of reading. Free access to books and all other reading material cannot be separated from free access to information. And access to information and freedom of speech are two sides of the same coin.

As the Times put so well, “Literacy is about more than just recognising words; it’s about understanding the context in which words are employed. It is about relevance as well as sorting, analysing and digesting information. The simple act of reading is, basically, exercise for the brain in the same way that sports is exercise for the body”.

Moreover, independent research shows that the more often you read to your children from an early age, the greater the positive effect on their reading and thinking skills.

Much research has also been done that shows how the economy benefits when citizens are better readers.

And click here to read a Canadian study on how reading can promote good health as well as civic participation.