Freedom of expression eSwatini: A right on paper, a peril in practice

By Zwelethu Dlamini

In eSwatini, the right to freedom of expression is constitutionally guaranteed, yet in practice, it remains perilous. This paradox was the central theme of the eSwatini Freedom of Expression Summit 2024, hosted jointly by the Campaign for Freedom of Expression (CDE) and the Coordinating Assembly of Non-Governmental Organisations (CANGO). It brought together a broad spectrum of stakeholders, including representatives from civic organizations, political parties, human rights defenders, people living with disabilities, women’s groups and media practitioners to address the escalating challenges facing freedom of expression in the country.

Human Rights Defenders representative Maxwell Dlamini highlighted the pervasive fear, imprisonment, death, and harassment that characterize the state of free expression in eSwatini. 

“In eSwatini, fear is a pervasive issue affecting those who express dissenting opinions or challenge the government. The monarch’s strong grip on power means that criticism is often met with swift retribution,” Dlamini explained, emphasising how this fear deters open dialogue and stifles public discourse.

He went on to describe the severe consequences faced by political dissenters and activists. He noted that political dissenters and activists face the risk of arbitrary detention and imprisonment. He also pointed out the harsh conditions under which these individuals are often held, without fair trials or adequate legal representation. 

According to Dlamini, the legal framework in eSwatini allows for the detention of individuals without due process, further exacerbating the repression of those who dare to speak out. He did not shy away from discussing the ultimate price that some have paid for their courage.

“The threat of violence, including death, looms over those who challenge the status quo. There have been instances where individuals critical of the government have been attacked or killed under suspicious circumstances,” he said, underscoring the lethal risks associated with standing up against the regime.

Dlamini pointed out harassment as a common tactic used by the state to suppress freedom of expression.

“Harassment is a common tactic used to suppress freedom of expression. This can take many forms, including intimidation, surveillance, and threats against individuals and their families,” he explained, illustrating how these tactics create a chilling effect on free expression in the country. 

Journalists and human rights defenders often find themselves operating in a hostile environment, where their safety is constantly under threat.

Adding to this, Emmanuel Ndlangamandla, former Director of CANGO, highlighted the challenges faced by parliamentarians in promoting freedom of expression within the constraints of the current political system. 

“The constitution and law provide for freedom of expression, including for members of the press and other media, but the government restricts this right, particularly regarding press freedom to report on matters regarding the monarchy,” Ndlangamandla stated, reflecting on the broader limitations imposed on free speech in the kingdom.

He emphasised the necessity of protecting and promoting fundamental rights in eSwatini, acknowledging that while the constitution technically binds the legislature, executive, judiciary, and other organs of government to uphold these rights, the reality is often starkly different. 

Describing the pervasive atmosphere of fear that continues to grip the country, Ndlangamandla said: “Tension in civil society has remained high since the 2021 unrest, resulting in reports of citizens, businesses, and even government officials and parliamentarians not exercising their right to free speech, fearing professional retaliation by the government.”

He also pointed out the limitations faced by legislators, noting that the legislature is not truly independent. He called on the civil society organizations to step in and support initiatives that strengthen the capacity of parliamentarians to advocate for free expression. 

“Immunity that is provided in the constitution is not guaranteed. A good example is the recent sentencing of the two MPs to long jail terms. The executive banned MPs from using radio and TV, and they have failed to challenge this ban. However, we can’t lose hope. They need to be empowered,” he urged.

Human Rights lawyer Sibusiso Nhlabatsi emphasized the critical role of whistleblowing in the battle against corruption. He highlighted the need for robust protection mechanisms to encourage individuals to come forward without fear of retaliation.

“Whistleblowing is an essential weapon in the fight against corruption. The actions of whistleblowers have played a vital role in exposing many of the activities that were part of state capture,” Nhlabatsi said.

He pointed out that whistleblowers are crucial for ensuring transparency and accountability within both public and private sectors, as they reveal hidden malpractices and bring to light issues that would otherwise remain undisclosed. 

“In eSwatini, however, the absence of adequate protection for whistleblowers has led to a culture of silence and impunity,” Nhlabatsi warned. 

He further elaborated on how corruption, particularly involving individuals with alleged ties to the monarchy, creates a hostile environment for whistleblowers. 

He mentioned the immense pressure and risks faced by those who consider exposing wrongdoing. 

“The main problem in eSwatini is that corruption is done by people allegedly with links to the monarchy. They are able to evade accountability due to their royal connections and protection,” he said.

Nhlabatsi’s concerns were underscored by his reference to the “Swazi Secret Leaks” investigation, which exposed extensive corruption, money laundering, and financial irregularities involving members of the royal family and senior government officials. Despite the international impact of these revelations, Nhlabatsi expressed frustration over the eSwatini government’s reluctance to address the issues. He questioned raising concerns about the potential conflicts of interest among those in power.

 “Parliamentarians who are public representatives also attacked the whistleblowers on Swazi Secrets. Does that mean their campaign was funded by monies emanating from the said leaks?” 

Nhlabatsi stressed the importance of protecting freedom of expression to ensure that whistleblowers can operate without the threat of censorship or punishment. 

“Despite the Constitution’s protection of the right to freedom of expression, restrictive defamation laws and a climate of fear stifle open discourse,” he argued, calling for the repeal of laws that curtail these rights. 

He concluded by urging eSwatini to commit to protecting whistleblowers, thereby promoting transparency, accountability, and justice. Implementing these measures, he said, will empower citizens to participate meaningfully in governance and contribute to the eradication of corruption. 

“Corruption undermines democracy, stifles innovation, and deters investment, emphasising the urgent need for action to protect those who courageously expose wrongdoing,” Nhlabatsi emphasized.

Participants at the summit also expressed deep concern over the recent deterioration of the human rights situation in eSwatini. They complained that there has been little progress in the investigation into the assassination of respected human rights attorney Thulani Maseko in January 2022. Additionally, the unjust conviction and harsh sentencing of former MPs Bacede Mabuza and Mthandeni Dube on charges of treason and murder have further underscored the oppressive environment. 

The summit’s report on the State of Free Expression in eSwatini 2024 prepared by The Nation editor Bheki Mkhubu described the government’s increasing crackdown on free expression, stating that the intensification of these assaults has led to widespread self-censorship, rendering free expression “an illusory fiction.”

“Despite the generosity of the constitution which guarantees the people of eSwatini protection of freedom of expression, it remains illusory fiction. The harsh sentences passed on Bacede Mabuza and Mthandeni Dube for expressing their opinions on the state of politics in eSwatini is a clear demonstration of King Mswati III’s intolerance for any dissent to his absolute authority,” reads the report in part. 

It further states that the court openly stated that the two were a good example of the dangers of “the tongue”, which puts beyond doubt the eSwatini authorities’ quest to suppress all forms of expression.

“It gives credence to those who argue that while eSwatini claims to have a justiciable constitution, in real terms, it is still ruled under King Sobhuza II’s Proclamation of April 1973 which granted him full powers as an absolute monarch. 

The media functions in a climate of fear and intimidation where minority groups, such as the LGBTQIA+ community, remain outlawed, despite guarantees of their protection under freedom of conscience or religion, freedom of expression and freedom of assembly and association clauses,” adds the report.

Likewise, Swaziland United Democratic Front (SUDF) Chairperson Lucky Dlamini likened the eSwatini Constitution to a thorny plant and the rights within it to grapes, saying it is difficult to gather them when they are covered in thorns.

“No one can gather grapes from thorny bushes. You can see the grapes; they may be sweet, but you cannot access them if they are covered by thorny bushes. That is the situation of our people. When you look at the current Constitution of 2005, some may say it seems to offer opportunities, but the new constitution is repressive. It is essentially a new 1973 Decree in the form of a constitution. It does not grant any real rights, especially in terms of freedom of expression. Even though it includes a Bill of Rights, it simultaneously takes those rights away. For instance, Section 79 of this Constitution prevents emaSwati from expressing their preferences for leaders or policies. In a multiparty democracy, we vote for policies, not just people,” he explained.

He added that his analysis of reports on eSwatini by international and local human rights bodies suggests that eSwatini is an open prison.

Beyond these direct attacks, the summit also highlighted the systemic exclusion of marginalized groups from the national discourse. Women, the LGBTQI+ community, and individuals with disabilities are often sidelined. The artists said they face discrimination if they refuse to engage in praise-singing. Political parties and trade unions, meanwhile, remain banned and proscribed, stifling political participation and labour rights.

Unanimously, the participants called on the government to uphold the right to free expression, repeal repressive laws, and implement protections such as a freedom of information law and whistleblower safeguards. They also called for the lifting of restrictions on banned political parties and trade unions and for measures to ensure equal access to free expression for all, regardless of gender, sexual orientation, or disability.

The summit called on the governments and citizens of southern Africa to uphold and implement the rights enshrined in the African Union Charter on Human and Peoples’ Rights. The eSwatini struggle for freedom of expression is not just a national issue; it is a regional and continental challenge that demands collective action and unwavering commitment to human rights.