- In proclamation of a state of public or threatened public emergency
- As long as the King considers it expedient
Mbabane – The Eswatini Broadcasting Bill, 2019 gives His Majesty the King, powers to take over all broadcasting stations or any particular broadcasting station in Eswatini.
Article 69 (1) reads, “Where there is in force a proclamation of a state of public emergency or threatened public emergency under the Constitution, the King may make an order authorizing any officer or any authority to (a) take over all broadcasting stations or any particular broadcasting station in Eswatini; and, (b) control and direct all broadcasting services from the broadcasting stations or broadcasting station to which the provisions of paragraph (a) related for as long as the King considers it expedient; and in so doing may require the exclusive services of the persons employed in, working maintaining or crying on, the same.”
Subsection 2 of the bill continues to highlight that when an officer or an authority is authorized to take over a broadcasting station in terms of subsection (1), the person owning or controlling the broadcasting station shall give up possession to the King or the officer or authority, and the person employed in, working or maintaining the broadcasting station, or carrying on a broadcasting service from the broadcasting station shall, if the King in terms of that subsection requires their exclusive series, diligently and faithfully obey, during the period the broadcasting station is in possession of the officer or authority all such orders and other directions as the officer or authority may give in connection with the working or maintenance of the broadcasting station.
Subsection 3 then reads, “Reasonable compensation shall be paid to a person who suffers loss or damage through the exercise of the powers conferred by this section from monies appropriated for that purpose by Parliament in such amount as may be agreed between that person and the Minister.”
![[FILE IMAGE]: MK Party Chief Whip Colleen Makhubele (R) in the National Assembly. Image Credits : Facebook: Colleen Makhubele](https://independentnews.co.sz/wp-content/uploads/2026/01/615436423_1287034113460057_2250375112781441785_n-120x86.jpg)
Then subsection 4 of the same article states that that if a dispute arises as to the amount of compensation payable in terms of subsection (3), any person claiming to be entitled to compensation may refer such dispute to a court of law.
The article further stipulates in section 5, “In determining the amount of any compensation including costs or expenses payable under this section, the court or other person dealing with the matter, shall have regard to the fact that the take-over has been necessitated by a state of public emergency.”
Subsection 6 reads, “This section shall, with the necessary modifications, apply in relation to diffusion services, the premise apparatus, equipment and wires required in connection with those devices, apparatus, equipment and wires required in connection with those services, apparatus, equipment and wires and the persons employed in working, maintaining or operating the same.”
Clause 70 (1), then indicates that where there is in force a proclamation of a state of public emergency or threatened public emergency under the Constitution, the Minister may, at any time by notice, require the Commission to direct the licensees specified in the notice to publish, at such times as may be specified in the notice, such announcement relating to the public emergency as is specified in the notice, with or without visual images of any picture, scene or object mentioned in the announcement.
According to subsection 2, where the licensee published any announcement under subsection (1), the licensee may announce that the publication is pursuant to a directive by the Minister. Then subsection 3 of the same clause highlights that the Minister may, at any time by notice, require the Commission to direct any licensee specified in the notice to refrain from including in the programmes included in their licensed series, any matter or classes of matter specified in the notice.
Subsection 4 further reads, “Where the Commission (a) gives a licensee a direction in accordance with a notice under subsection (3); or (b) in consequence of the revocation by the Minister of a notice referred to in subsection (3); or (c) in consequence of an expiry of a notice, the licensee in question may publish an announcement stating the giving or revocation of the direction, or of the expiration of the notice.
For complaints relating to public broadcasting or broadcasting services, Article 71 stipulates that where a person has made a complaint to the Corporation or to a broadcasting service, acted contrary to the Code of Conduct and, the person has not received a response within fourteen (14) days after making the complaint, or the person has received a response within that period but considers that response to be inadequate, that person may lodge a complaint with the commission about the matter.
Meanwhile, recently, the Ministry of Information, Communication and Technology (ICT) hosted the Eswatini Broadcasting Bill 2019 Workshop for the House of Senate at the Hilton Garden Hotel. Present during the one-day workshop was ICT Minister Princess Sikhanyiso, Senate President Lindiwe Dlamini, senators, the ministry officials and stakeholders.
The bill advances the establishment of the Eswatini Broadcasting Corporation, a national broadcaster, by amalgamating the operations and resources of Eswatini Television Authority (ETVA) and the Eswatini Broadcasting and Information Services (EBIS).
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