THERE’S NO DEMOCRACY HERE

Sir,

There is a positive relationship between the media and politics.  For example, our local media always reports on activities that are carried out by the Prime Minister and his Cabinet (not our MPs) such that it becomes boring even to listen the programme Letishisako on SBIS 1 because the general public is not involved. Tiyabandza!

Minister `Small Joe’ will tell you about SADC while asked about Donald Trump being the American President.
Having lamented above, allow me to say despite the coming into force of the Constitution in 2006, Swaziland cannot be said to be a democratic country. The kingdom remains undemocratic.  Even though the Constitution guarantees freedom of expression, our media environment is extremely difficult. I mean so difficult that there is poverty in reporting and no progress has been made in changing the existing restrictive media environment.  Our local media is mostly government controlled. 

Swazi TV and radio are effectively government departments. Although there is a non-State television channel known as Channel S, it is also failing to engage the public on issues that could drive the future of this country. There are two newspaper groups in the country, the Swazi Observer Group which is effectively controlled by Tibiyo while the Times of Swaziland Group practises strict self-censorship, although it is independent of government.

The existence of newspapers - and by extension other media outlets - that are free from censorship and political interference by government is one of the key features of democratic governance. Interestingly, the Constitution of Swaziland contains the underlying principles, values and laws of the kingdom.

A key constitutional chapter in this regard is Chapter 5, which sets out directive principles of State policy and duties of the citizen. Section 58 sets out the political objectives for the country. In brief, these provide that Swaziland shall be a democratic country, the State shall be guided in the conduct of public affairs by the principle of decentralisation and devolution of governmental functions and powers, to levels where the people can best manage and direct their own affairs.

The State shall cultivate respect for human rights and freedoms and the dignity of the human person.
Also, all associations aspiring to manage and direct public affairs shall conform to democratic principles in their internal organisation and practice, all lawful measures shall be taken to expose, combat and eradicate corruption and abuse of power by those holding political or public office, the State shall promote a culture of political tolerance, and all organs of state and people of Swaziland shall work towards the promotion of national unity, peace and stability and the State shall provide a peaceful, secure and stable political environment, which is necessary for economic development.

This section sets out some important statements of principle and admirable political objectives, which seem to indicate that the authorities of this country recognise a need to chart a new course, away from the undemocratic practices of April 12, 1973.
It should be sadly noted though, that the provisions set out in Section 58 are not capable of being enforced in any court, in terms of section 56(3) of the Constitution.

As stated, the provisions of Sections 57 to 63 inclusive are not enforceable in any court or tribunal. Therefore, it can be concluded that this is a country with a Constitution but without a constitution. There is need to have a constitutional court to ensure that citizens are protected and not impeded in the exercise of their rights.

Closely related to the above is that the Constitution of Swaziland contains a number of important provisions in Chapter 3: ‘Protection and promotion of fundamental rights and freedoms,’ which directly purport to protect the media, including publishers, broadcasters, journalists, editors and producers. There are other provisions elsewhere in the Constitution that assist the media as it goes about its work of reporting on issues in the public interest.

The most important basic provisions that protect the media are set out in Subsections 24(1) and (2), which state:
(1) A person has a right to freedom of expression and opinion.
(2) A person shall not, except with the free consent of that person, be hindered in the enjoyment of the freedom of expression, which includes the freedom of the press and other media.

This means freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference whether the communication be to the public generally or to any person or class of persons and freedom from interference with the correspondence of that person.
The freedom applies to ‘every person’ and not just certain people. Hence, everybody enjoys this fundamental right.

Mbongeni Mkhonta
MANZINI

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