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‘SWITCHING OFF INTERNET POLITICAL CENSORSHIP’

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MBABANE – The switching off of the internet has been described as a political censorship of those who hold differing opinions from those of the loyalist of the current system.

This was one of the submissions made by  IDEAL and other applicants, in their application where they, are among other things, seeking an order directing EPTC, minister of ICT, MTN Eswatini Limited and Eswatini Mobile to forthwith restore internet connectivity to all citizens, businesses, or any other places occupied by civilians. According to the applicants, every person had a constitutional right to receive information and ideas. “The switching off of the internet is motivated by ill- will and political censorship on the part of government,” argued the applicants.

In his founding affidavit, Chairman of IDEAL Barnes Dlamini told the court that the right to receive information was enshrined in Section 24(2) (b) of the Constitution. They argued that there was no justification for the violation of this right. “We humbly submit that the only reason for the switching off of the internet by government is a political censorship of those who hold differing opinions from those of the loyalist of the current system,” argued Barnes and the other applicants. The applicant contended that the right to hold political opinion even if same differed from those of the authorities in place was constitutionally guaranteed in Section 14(3) and 20(2) of the Constitution. It was further their averment that the State had made it impossible for the citizens of Eswatini to receive information. They alleged that most emaSwati relied on certain newsfeed platforms to keep them abreast on local and international developments.

Blackout

“Since June 21, 2021 there has been a countrywide complete internet blackout through censorship by government.  The purpose for doing so is in two–fold; to ensure media censorship in that only State-controlled media will be able to report or not report the shootings and killing and to deny the protesters, and citizens in general, access to the platforms where they ‘meet’ or associate (virtually) to share thoughts and ideas on the political situation and influence others’ opinions,” submitted the applicants.
They argued that the shutting down of the internet was unconstitutional in so far as it allegedly violated certain fundamental rights enshrined in Chapter III of the Constitution. According to the applicants in the digital age, almost all human activity had shifted to computers, cellphones and other gadgets supporting the electronic transmission of data.

“This has made our lives dependent almost entirely on the internet to the extent that switching off of same implicates quite a number of fundamental rights and freedoms,” submitted the applicants. They argued that the switching off of the internet by government violates the right to education. According to IDEAL and the other applicants who are students from different universities in the country, education was a fundamental right guaranteed in Section 29 and 32 of the Constitution.

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