The Eswatini Communications Commission (ESCCOM) has ordered the Eswatini Posts and Telecommunications Corporation (EPTC) to provide greater transparency in its operations by sharing information on its fibre network infrastructure, service levels, pricing structures and complaint resolution mechanisms with internet service providers.
The directive forms part of a final ruling issued by ESCCOM Acting Chief Executive Officer Fikile Gama following a protracted dispute between EPTC and Jenny Internet Eswatini over the use of cross-border fibre infrastructure entering the country through the Malutha Border Post.
The regulator found that Jenny Internet had unlawfully established a direct fibre link into Eswatini, bypassing EPTC’s national telecommunications backbone network, in contravention of Section 53 of the Electronic Communications Act of 2013 and the Electronic Communications (Facilities Sharing) Regulations of 2016.
However, while finding Jenny Internet guilty of violating the law, ESCCOM also faulted EPTC for failing to adequately fulfil its obligations regarding infrastructure sharing, backbone access and service quality.
As part of the final determination, ESCCOM directed EPTC to share existing connections and fibre topology with internet service providers seeking access to the national backbone network. The corporation was further instructed to provide transparent information regarding service levels, pricing structures and mechanisms for resolving customer complaints.
The Commission stated that EPTC, as the sole operator of the national telecommunications backbone infrastructure, carries significant responsibilities to ensure fair and non-discriminatory access to essential communications facilities.
“EPTC is hereby directed to ensure that its national backbone infrastructure and related electronic communications services are made available to Jenny Internet Eswatini in an efficient, reliable, non-discriminatory, transparent and serviceable manner,” reads part of the decision.
The regulator also warned EPTC against providing unsatisfactory services and failing to respond promptly to service interruptions.
According to the ruling, shortcomings in EPTC’s infrastructure contributed to circumstances that led Jenny Internet to bypass the national backbone network.
ESCCOM’s investigation revealed that Jenny Internet had installed a direct cross-border fibre connection at Malutha Border Post and was self-provisioning internet services into Eswatini without routing them through EPTC’s backbone network.
The investigation followed a formal complaint lodged by EPTC, which argued that Jenny Internet’s actions undermined the legal framework governing telecommunications interconnection in the country.
After conducting site inspections, reviewing written submissions and hearing oral arguments from both parties, the Commission confirmed that Jenny Internet had indeed established the unauthorized link.
Jenny Internet subsequently admitted to the conduct and pleaded guilty to the contravention.
The Commission reaffirmed that all licensed operators and service providers are legally required to connect to the national backbone infrastructure when bringing internet services into Eswatini.
“The Commission found Jenny Internet guilty of contravening Section 53 of the Electronic Communications Act by unlawfully bypassing the national backbone infrastructure,” the ruling states.
As a result, Jenny Internet has been ordered to pay an administrative fine of E150,000 by July 30, 2026. The company has also been directed to use EPTC’s backbone connectivity for all services entering the Kingdom.
The final penalty imposed on Jenny Internet is half of the E300,000 fine initially contemplated by the Commission during earlier stages of the proceedings.
The dispute took several turns before reaching its conclusion.
In January 2026, ESCCOM issued an initial intended decision proposing penalties against both parties. Jenny Internet faced a proposed E300,000 fine for bypassing the national backbone, while EPTC was handed a wholly suspended E300,000 penalty for alleged failures relating to infrastructure sharing and service quality.
Both companies subsequently filed review applications.
Jenny Internet challenged aspects of the ruling, but the Commission dismissed the application as premature, noting that the statutory rectification period had not yet expired and no final determination had been made.
EPTC also sought a review of the proposed sanction against it, arguing that it had not been afforded a proper hearing before the fine was imposed and questioning the basis upon which the Commission had proposed equal penalties for both parties.
Following consideration of EPTC’s arguments, ESCCOM reviewed and set aside the proposed suspended fine against the corporation. Instead, the regulator issued EPTC with notice of the alleged contraventions and afforded it an opportunity to implement corrective measures.
The matter later entered a mediation phase facilitated by ESCCOM.
During this process, EPTC and Jenny Internet agreed to conduct joint inspections and engage in discussions aimed at resolving the dispute amicably. The Commission said the parties demonstrated a willingness to regularise their relationship and cooperate in the broader interests of the communications sector.
The regulator considered these collaborative efforts as mitigating factors when arriving at its final decision.
Despite setting aside the earlier proposed fine against EPTC, ESCCOM maintained that the corporation had fallen short of its obligations under the Facilities Sharing Regulations.
The Commission found that EPTC’s backbone infrastructure constitutes an essential facility and that challenges relating to infrastructure reliability were largely linked to financial constraints faced by the corporation.
According to ESCCOM, concerns about the quality and reliability of EPTC’s network contributed significantly to Jenny Internet’s decision to establish its own direct fibre connection.
The Commission warned that should EPTC fail to improve the availability, reliability and accessibility of its services, it could face future regulatory sanctions under the Quality of Service Regulations.
ESCCOM said it reserves the right to impose further enforcement measures, including penalties linked to customer compensation for outages and service disruptions.
In concluding the matter, the Commission directed both parties to continue cooperating in good faith to ensure lawful interconnection arrangements, infrastructure sharing and compliance with telecommunications laws.
“The Commission further emphasises that whilst regulatory enforcement remains necessary to preserve the rule of law within the sector, collaborative engagement between sector participants remains critical to advancing national connectivity objectives, infrastructure resilience, competition and consumer welfare,” Gama stated.
The regulator said strict compliance with the decision would be expected from both parties and warned that future violations could result in additional enforcement action.
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