Lobamba – Companies and individuals found guilty of damaging or destroying critical infrastructure could face fines of up to E5 million and E1 million, respectively, under the proposed Critical Infrastructure Bill, with individuals also facing imprisonment of up to 10 years for offences that endanger the safety of emaSwati
The House of Senate adopted the report of the Ministry of Information, Communications and Technology on the Critical Infrastructure Bill No. 16 of 2025 during its sitting on Monday, October 19, 2026, chaired by Deputy President Ndumiso Mdluli.
The proposed legislation seeks to protect essential national infrastructure, including telecommunication towers, fibre-optic networks and energy lines, against vandalism, theft and sabotage that disrupt government electronic services, business operations and public communications.
Moving the motion for adoption, Senator Princess Ncengencenge, Chairperson of the Ministry Portfolio Committee, said the legislation had been long overdue and was necessary to safeguard infrastructure that emaSwati depend on.
“Lomtsetfo sewuhleti sikhatsi lesidze,” she said, meaning the bill had been pending for a long time.
Ncengencenge said the committee had been educated on the provisions of the bill and the need to ensure that those who violated the law faced consequences severe enough to discourage future offences.
She cited copper cable theft as one of the concerns the proposed law seeks to address, arguing that offenders had in some cases been released after paying relatively low fines because of the absence of a stronger legal framework.
The senator said the proposed penalties would start at E500 000, with more serious offences attracting heavier punishment depending on their nature and impact. Offences that placed the safety of emaSwati at risk could attract fines of E1 million or imprisonment of up to 10 years, while companies could face fines of up to E5 million.
Companies could also have their licences revoked and be required to compensate victims, depending on the applicable provisions of the law.
The bill further seeks to establish clearer security responsibilities for infrastructure operators and strengthen institutional responses to incidents involving critical infrastructure.
Ncengencenge said the committee had consulted stakeholders, including Business Eswatini and the construction industry, to ensure that the legislation took into account the interests of those affected by its implementation.
She said the consultations were necessary because the law was intended to protect emaSwati and the infrastructure on which they depend. The bill would also accommodate emerging technologies, including drones.
The senator further explained that questions had been raised about why the bill placed responsibility under the Ministry of Information, Communications and Technology rather than the Prime Minister’s Office.
She said the communications ministry had been identified because of infrastructure challenges affecting the sector, including copper cable theft. The proposed framework would also be supported by a board comprising representatives from different sectors, including local government.
However, Attorney General Sifiso Mashampu Khumalo advised senators against restricting responsibility for critical infrastructure to a specifically named ministry.
Khumalo explained that Section 70 of the Constitution gives His Majesty King Mswati III powers to assign responsibilities within the constitutional framework. He said the ministry responsible for critical infrastructure could change depending on the King’s decision.
He advised that the legislation should refer to the “Minister responsible for critical infrastructure” instead of permanently tying the responsibility to the Ministry of Information, Communications and Technology.
Khumalo said this would preserve flexibility should the King decide in future that another ministry, such as the Prime Minister’s Office or the Ministry of Justice and Constitutional Affairs, should oversee the portfolio.
He also explained that the communications ministry had been proposed because Eswatini Posts and Telecommunications Corporation had raised concerns about the impact of copper cable theft on its operations.
In supporting the motion, Minister of Tinkhundla Administration and Development Sikhumbuzo Dlamini, representing Minister of Information, Communications and Technology Senator Savannah Maziya, said the Attorney General had explained the matter clearly.
Former National Commissioner of Police Senator Isaac Magagula also supported the legislation, saying it should have been introduced much earlier.
Magagula stressed that the law must have a practical impact rather than remain legislation on paper, emphasising the need for its provisions to deter those who damage or steal critical infrastructure.
Senator Lizzie Nkosi seconded the motion, which was subsequently adopted by the House of Senate.
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