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SPTC WOES: GOVT MUST CARRY BLAME

10/04/2017 09:18:00 Phila Sibiya

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If it was not an April Fool’s prank, government is being economical with the truth with the pitch that the joint venture agreement with MTN is impeding the Swaziland Posts and Telecommunications Corporation (SPTC) from launching into the mobile communications stratosphere.

This apparently was the explanation by Minister of Information Communication and Technology Dumisani Ndlangamandla, when quizzed on the subject by our sister newspaper, the Swazi News’ edition of April 1, 2017. The minister said in order for SPTC to operationalise its mobile communication licence it ought to exit the JVA first. Ndlangamandla went on in an apparently futile attempt to confuse the public by obfuscating matters when he knows what is holding SPTC from taking a quantum leap into the future of mobile communications.

It certainly has nothing to do with the JVA, which technically expired in 2008 and, therefore, is non-existent. He does not need to be a legal eagle to comprehend that but simply to be honest and truthful and speak the truth to power.
The truth is that Minister Ndlangamandla is protecting his hide from his political masters hence his tortuous relationship with the truth. The truth is that those charged with the custodianship of this country and its assets on behalf of the people are now focused on themselves and their economic well-being.

The sustainability of SPTC is the least of their worries. Shutting down SPTC’s ONE product is empirical evidence of how the political hegemony has continuously sheltered MTN under an illegitimate, and possibly illegal, monopoly for almost a decade since after the expiry of the JVA. It was always going to be problematic for politicians to enter the realm of business because there was always the possibility that they would abuse their political clout to their advantage. And this is exactly what has been happening over the years. Such naked abuse of political power to further the financial objectives of those charged with the stewardship of the Kingdom of eSwatini manifested itself in the court processes when MTN took SPTC to court over the latter’s migration to mobile communications. Whereas SPTC won the first round in what should have been a landmark judgment by Justice Stanley Maphalala, MTN won when it proceeded on appeal. But most interestingly is the fact that SPTC suddenly found itself without an attorney, possibly on the orders of government, not to defend its interests. Similarly, SPTC had no legal representation – most likely also at the orders of government - at the subsequent International Court of Arbitration. Naturally MTN won not because of the strength of its case but simply because the matter was not defended. Therefore, justice was not seen to be done in this case since the dice was heavily loaded against SPTC.
What was also mystifying is how MTN took SPTC to court when the former had a majority stake in the latter, which meant it had numerical superiority on the board that naturally should have taken the resolution to take the matter to court. This again strengthens the perception that there was a heavy political hand on every turn of this sordid affair. In this instance, those charged with custodianship of national assets were compromised by their pecuniary interests in MTN and thus did not act in the best interests of the people. This explains why government has always tried to explain its biased position by flagging the JVA to the extent that this gentlemen’s agreement was superimposed over statutes, such as the then SPTC Act of 1983, including the supreme law of the land, the Constitution. As I see it, had the political big wigs never invested in MTN its monopoly would have ended in 2008 and the kingdom would have long joined the rest of the modern world in liberaliding communications whose net benefit, besides competitive pricing of products, is spurring economic growth. Consequently, MTN’s monopoly has ensured that this country’s mobile communication tariffs, as well as broadband, are the highest in the world. Manifestly government, by burdening SPTC with the shareholding in MTN, is not acting in the best interests of the nation. Yet in 2013 in the midst of general elections Prime Minister Sibusiso Barnabas Dlamini, he who publicly claims that government supports SPTC, as a one-man Cabinet had resuscitated the National Industrial Development Company that would, among others, warehouse government shareholding in private institutions. The question is why is government delaying in unburdening SPTC by transferring its MTN shares to this newly revived public company? Your guess is as good as mine!