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Showing posts with label Computer Crime and Cybercrime Bill. Show all posts
Showing posts with label Computer Crime and Cybercrime Bill. Show all posts

Friday, 24 January 2025

Swaziland Newsletter No. 861 – 24 January 2025

 

Swaziland Newsletter No. 861 – 24 January 2025

News from and about Swaziland, compiled by Global Aktion, Denmark (www.globalaktion.dk) in collaboration with Swazi Media Commentary (www.swazimedia.blogspot.com), and sent to all with an interest in Swaziland - free of charge.

 

Wife arrested for viewing husband’s WhatsApp messages, appears at Mbabane Magistrate Court

By Musa Mdluli, Swaziland News, 23 January, 2025

SOURCE 

MBABANE: Dumsile Dludlu has been arrested for allegedly viewing her husband’s WhatsApp messages thus contravening the Computer Crime and Cyber Crime Act, the Times of eSwatini reported on Thursday morning.

Dludlu appeared at the Mbabane Magistrate Court and was remanded out of custody pending trial.

The Computer Crime and Cyber Crime Act comes with up to three hundred thousand Rands (R300,000.00) fine if found guilty, alternatively, five (5) years or more in prison.

The police previously warned that viewing “your love partner’s cellphone is now a crime in eSwatini”, this was confirmed by Prince Mvilawemphi, the Chief Executive Officer (CEO) of the Eswatini Communications Commission (ESCCOM) when speaking to this Swaziland News earlier.

The Prince was asked if “it’s true” that emaSwati will now be arrested for viewing their love partner’s cellphone and he confirmed the existence of the cyber security law.

“Yes, there is. It’s covered under illegal access to a computer system in the Cybersecurity Act of 2022.The 300k fine is the maximum, depending on the gravity of the case. A lenient Judge may impose a 5k fine”, said the Eswatini Communications Commission CEO.

 

Human Rights Watch eSwatini Report 2024

SOURCE

In 2024, Eswatini’s human rights record deteriorated, as civic space, judicial independence, and the rule of law remain under threat. The authorities have yet to apprehend the killers of human rights lawyer and opposition activist Thulani Maseko, who was shot in his home in January 2023. There is no indication that the government has undertaken or is prepared to undertake a credible investigation into Maseko’s killing. The rights of women and girls remain a concern as incidences of brutal intimate partner violence, rape, and femicide persisted throughout the year.

Civil and Political Rights

The authorities in Eswatini have failed to implement long overdue democratic reforms in the absolute monarchy. In power since 1986, King Mswati III maintained control over the executive, parliament and judiciary in 2024. On January 21, 2023, the King, during a public address, warned those calling for democratic reforms that mercenaries would deal with them. The king accused pro-democracy activists of causing instability in the country. Hours after that warning, Thulani Maseko, a human rights lawyer and activist was fatally shot and killed at his home in the presence of his wife and children.

Eswatini received a score of 17 out of 100 in Freedom House’s Freedom in the World 2024 report. It scored 1 out of 40 on political freedoms and 16 out of 60 for civil liberties, with a conclusion that Eswatini was “not free.” The country’s score has been consistently low for years, correlating with its entrenched culture of impunity for human rights violations.

Conduct of Security Forces

The authorities have yet to hold anyone to account for the scores of activists killed, and the hundreds injured by security forces during the 2021 crackdown against pro-democracy demonstrations. Instead, the government has escalated its clamp down on dissenting views by arresting government critics on spurious charges, hindering peaceful assembly, and resisting longstanding calls for democratic reforms.

Subversion of the Rule of Law

In addition to the lack of an investigation into Maseko’s killing, the authorities have targeted and harassed his widow, who has been calling for justice and accountability for her husband’s death.

On July 15, a court in Eswatini sentenced two former members of parliament, Mduduzi Bacede Mabuza and Mthandeni Dube, to prison terms   of 25 and 18 years, respectively. Both were initially arrested in 2021 for participating in and supporting pro-democracy protests, and remained in pretrial detention since then. In June 2023, the duo was found guilty of all the bogus charges against them, including terrorism, sedition, and murder under the 2008 Suppression of Terrorism Act (STA) as well as the 1938 Sedition and Subversive Activities Act (SSA). The hefty sentences handed to Mabuza and Dube highlight the lack of impartiality and independence of the judiciary. This is compounded by the lack of accountability and justice for the serious violations committed by law enforcement, including during the 2021 protests.

To read the full report, click here

https://www.hrw.org/world-report/2025/country-chapters/eswatini

 

20% of the population controls nation’s wealth

By Sifiso Dlamini, eSwatini Observer, 22 January 2025

SOURCE 

The country’s wealth distribution is controlled by 20 per cent of the population according to a comprehensive survey conducted by FinMark Trust, which said this was concerning.

According to the Blended Micro, Small and Medium Enterprises Survey 2023 report, the country’s wealth distribution remains a concern, with a mere 20 per cent of the population controlling a staggering 80 per cent of the nation’s wealth.

The findings come after the Centre for Financial Inclusion (CFI), ministry of Commerce, Industry and Trade, Eswatini Economic Policy Analysis and Research Centre (ESEPARC), and the Central Statistical Office (CSO), conducted a comprehensive survey to better understand the financial landscape and access to financial services for micro, small, and medium enterprises (MSMEs) in the country.

Known as the FinScope Survey, this was a global initiative developed by FinMark Trust (FMT) in South Africa and was conducted in over 30 countries worldwide.

The study also revealed that the country faces significant social challenges, including a high HIV/AIDS prevalence rate of 24.8 per cent among adults which poses a substantial burden on the healthcare system and economy.

Unemployment was identified as another pressing issue, with a staggering 49.2 per cent rate among citizens actively seeking work.

To read more of this report, click here

http://new.observer.org.sz/details.php?id=23432

 

CANGO Executive Director Thembinkhosi Dlamini says US President Donald Trump’s decision to suspend foreign donor funding to affect NGOs in eSwatini including HIV/AIDS programs

By Musa Mdluli, Swaziland News, 22 January, 2025

SOURCE 

MBABANE: Thembinkhosi Dlamini, the Executive Director of the Coordinating Assembly of Non Governmental Organizations (CANGO) says, the decision by newly inaugurated President of the United States (US) Donald Trump to suspend foreign donor funding will affect NGOs in eSwatini including HIV/AIDS programs.

Speaking to this Swaziland News on Wednesday, the CANGO Director said, most NGOs rely on donor funding sourced from the United States.

“This means the decision will affect many NGOs in the country in including HIV/AIDS programs because the US contributes a large amount to the Global Fund”, said the CANGO Director.

On another note, the Washington Times reported on Wednesday that, President Trump signed an executive order temporarily suspending all U.S. foreign assistance programs for ninety(90) days pending reviews to determine whether they are aligned with his policy goals.

“It was not immediately clear how much assistance would initially be affected by the Monday order as funding for many programs has already been appropriated by Congress and is obligated to be spent, if not already spent. The order, among many Trump signed on his first day back in office, said the “foreign aid industry and bureaucracy are not aligned with American interests and in many cases antithetical to American values” and “serve to destabilize world peace by promoting ideas in foreign countries that are directly inverse to harmonious and stable relations internal to and among countries,” the Washington Times reported.

See also

Local transgender community fears losing funding from US

http://www.times.co.sz/news/149083-local-transgender-community-fears-losing-funding-from-us.html

 

Nonhlanhla Dlamini: Leading the fight against gender-based violence in eSwatini

Africa Renewal, 21 January 2021

SOURCE 

Nonhlanhla Dlamini, Executive Director of the Swatini Action Group Against Abuse (SWAGAA)

Nonhlanhla Dlamini believes every person has a right to a life of peace and safety. As the Executive Director of the Swatini Action Group Against Abuse (SWAGAA), she provides support, care and justice for GBV survivors. She explains her aspirations, as well as her historic election as one of the first women Members of Parliament in Eswatini:

What specific moment or experience made you decide to focus on fighting gender-based violence?

I was motivated by an incident where a 6-year-old relative of mine was raped by a stranger. We reported the matter to the police, but nothing ever happened. The Swatini Action Group Against Abuse (SWAGAA) already existed, but I did not know anything about them.

In 1997 I came across an advertisement for a job at SWAGAA in the newspaper and I just knew this was the place I wanted to work. When I learned more about what the organisation was doing, I asked myself why I did not get to know about them when I had no one to talk to or support me. So, when I saw this position advertised, I just knew this was my job. My goal was to make SWAGAA a household name so others would not go unsupported like we did.

How do you stay motivated, and have you ever questioned your path?

I have questioned that path several times, particularly when I get hurt. The world can be cruel. I wonder how people can do such evil things. It can be depressing. Sometimes I ask myself, out of all the jobs that I could be doing, why am I even doing this one? However, I get my motivation from the success stories of our work. If I quit, who else is going to do this? I am compelled to do it because there is a whole lot of people that are looking up to me for help.

You were elected MP back in the early 2000s, becoming the first woman ever to represent your constituency. What made you decide to run?

I was part of the team that drafted the Sexual Offenses and Domestic Violence Bill, but we did not manage to have it proceed to legislation. Every time we inquired, we were told “It's in the pipeline”,  but nothing ever happened. The mistake we often make, as advocates and women's rights activists, is always pushing for someone else to go and make the changes that we desire.

So, I made a decision to stand for the next elections, which were in 2008. I realised that for years, I had  been part of a ‘Vote for a Woman’ campaign, pushing women to vie for seats and for people to vote for women during elections. I had never envisioned myself running for elections. This time I ran for parliament and I won the primary elections, but the secondary elections were not easy. I was the only female candidate against seven men. It was very rough, but I pushed hard with everything that I had to win. I won the parliamentary seat.

My first motion in Parliament was for the Minister of Justice to bring the Sexual Offenses and Domestic Violence Bill within 30 days. His response was no. I kept insisting and that is how the Bill was eventually passed by Parliament.

Looking to the future, if you could change one thing about the gender-based violence in Eswatini, what would it be?

The most critical thing is prevention of GBV. Why is prevention key? Because once GBV takes place, it is difficult to pick up the pieces. And it is not just hard for the survivors only, even their family members become secondary victims. Everyone is affected. So, for me, the most crucial thing to focus on is preventing GBV because once it takes place, it is like spilled water. We may provide counselling and support to the survivors but we can never change the narrative.

I often say people come here carrying a ‘suitcase’ but when you sit down with them you realize how much more that person is actually carrying. Our motto as an organisation is that when you come in with a [heavy] suitcase, by the time you leave, you may not be able to put down the suitcase, but at least we can help make it feel lighter so you are able to walk around with it.

The reason some people commit suicide is because their suitcases feel so heavy that they feel there is no hope. Our duty is to make sure that we make that the suitcase feel lighter.

Do you consider yourself a human rights defender? Why?

Absolutely! I consider myself a human rights defender 100 per cent because I am continuously standing up for the rights of women and girls in Eswatini.

I have advocated for better legislation in the country. I have also advocated for better services in the country, be it in the police, hospitals, or the justice system. I have done everything that needs to be done under the sun to stand for the rights of the citizens of this country, and to advocate for the rights of women and children in the country. I know people believe in me.

 

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Wednesday, 18 November 2020

Swaziland Govt. wants law to make it illegal to send social media posts that cause ‘emotional distress’

The Swaziland (eSwatini) Government wants to introduce a law making it illegal to post material online that would deliberately cause a victim serious emotional distress.

The Harmful Digital Communications Bill intends to deter, prevent and mitigate harm caused to individuals by harmful digital communications and provide victims of harmful digital communications with a quick and efficient means of redress.

On conviction, offenders face a minimum fine of E500,000 (US$27,000) and a maximum fine of E5 million or a jail sentence of up to seven years. 

A ‘victim’ is the person who is the target of a posted digital communication.

The Harmful Digital Communications Bill, 2020 has been prepared by the Swazi  Ministry of Information, Communication and Technology. This is the same ministry that last week withdrew the Computer Crime and Cybercrime Bill, 2020 that could have sent people who published ‘fake news’ to jail for 10 years. It is expected it will be re-presented after consultations have been completed.

The proposed law would impact on social media sites including Facebook, Twitter, Instagram and WhatsApp.

Human Rights Commissioner Sabelo Masuku told the Times Sunday newspaper (15 November 2020) in Swaziland the new Bill was no different from the withdrawn Computer Crime and Cybercrime Bill.

 

See also

Swaziland Govt. withdraws controversial Computer Crime Bill, seeks more discussion

https://swazimedia.blogspot.com/2020/11/swaziland-govt-withdraws-controversial.html

Sunday, 15 November 2020

Swaziland Govt. withdraws controversial Computer Crime Bill, seeks more discussion

A Bill that set out to impose 10 years’ jail time on people publishing ‘fake news’ has been withdrawn by the Swaziland (eSwatini) Government after protests in the House of Assembly.

The Computer Crime and Cybercrime Bill, 2020 introduced a wide range of offences including spamming and cyberstalking. Cyberstalking included making false accusations, defamation and identity theft.

The most controversial section of the Bill set out to make it unlawful for any person to publish any statement or fake news through any medium, including social media, with the intention to deceive any other person or group of persons. On conviction a person would be liable to a fine not exceeding E10 million (US$600,000) or imprisonment not exceeding 10 years or both.

The House of Assembly Ministry of Information, Communication and Technology Portfolio Committee rejected the section on ‘fake news’ at a meeting last week and days later committee chair Macford Sibandze told the House the Bill would be taken back for further consultations.

Among criticisms made were the large fines and lengthy prison sentences that would be imposed.

King Mswati who rules Swaziland as an absolute monarch has been widely criticised by human rights groups. He controls much of the mainstream media in Swaziland. Nearly all broadcasting is state-controlled and one of the only two daily newspapers in the kingdom is in effect owned by the King. Formal censorship and self-censorship by journalists when reporting matters about the King is almost total.

In recent years news websites that call for human rights reforms in Swaziland have been launched. The editors of two of them are in exile in neighbouring South Africa after publishing articles deemed critical of the King. They face sedition charges if they return to Swaziland. There are also a number of Facebook sites and other social media platforms that carry material critical of the King.

See also

Swaziland rethinks law on ‘fake news’ that could lead to 10 years’ jail time

https://swazimedia.blogspot.com/2020/11/swaziland-rethinks-law-on-fake-news.html

 

Swaziland proposes law with 10 year jail term for publishing ‘fake news’ https://swazimedia.blogspot.com/2020/08/swaziland-introduces-law-with-10-year.html

Monday, 9 November 2020

Swaziland rethinks law on ‘fake news’ that could lead to 10 years’ jail time

A committee of members of the Swaziland (eSwatini) parliament have voted to amend a Bill that could impose a E10 million fine or 10 years’ jail time on people publishing ‘fake news’.

The section of the Computer Crime and Cybercrime Bill, 2020 on ‘fake news’ was removed by the Ministry of Information and Technology Portfolio Committee, its chair Macford Sibandze told the news website Swati Newsweek.

The Bill set out to make it unlawful for any person to publish any statement or fake news through any medium, including social media, with the intention to deceive any other person or group of persons. On conviction a person would be liable to a fine not exceeding E10 million (US$600,000) or imprisonment not exceeding 10 years or both.

The new law would allow the courts to prosecute in some circumstances Swazi nationals who live outside of Swaziland. It also covers a wide range of offences including spamming and cyberstalking. Cyberstalking includes making false accusations, defamation and identity theft.

Sibandze told Swati Newsweek, ‘A section on fake news was completely removed. Fines were cut by 50 to 75 percent, whilst others up to 90 percent.’

Swaziland has a poor human rights record and media are severely restricted by more than 30 laws. The Computer Crime and Cybercrime Bill which was announced in August 2020 was widely criticised by human rights campaigners.

The Southern Africa Litigation Centre (SALC) in a 14-page response to the new Bill said the definition of ‘fake news’ and the offence itself was not included in a Southern African Development Community (SADC) model law that covered these areas.

It added, ‘The offence of fake news is highly subjective and overly broad and ought to be qualified further or repealed altogether. Intentionally deceiving only one person ought never to be an offence under this section, and if the deceit was for a purpose of fraud, for example, that would be the appropriate offence to charge a person with.’

It said, ‘The offences of cybersex or sexual grooming with a child, cyberbullying, cyber stalking, harassment, and trafficking in humans, all attach a penalty of up to E10m fine or 10 years’ imprisonment or both. Fake news and violation of intellectual property rights, which do less harm to the individual attach the same penalties of E10m or 10 years’ imprisonment,’ it added.

 

See also

Swaziland proposes law with 10 year jail term for publishing ‘fake news’

https://swazimedia.blogspot.com/2020/08/swaziland-introduces-law-with-10-year.html

 

Swaziland journalist critical of King flees, hides in forest five days https://swazimedia.blogspot.com/2020/05/swaziland-journalist-critical-of-king.html

 

‘No media freedom’ in Swaziland, Reporters Without Borders annual report states https://swazimedia.blogspot.com/2020/04/no-media-freedom-in-swaziland-reporters.html

 

Swaziland journalist ‘tortured by police after criticising absolute monarch in newspaper articles’ https://swazimedia.blogspot.com/2020/03/swaziland-journalist-tortured-by-police.html

Monday, 31 August 2020

Swaziland proposes law with 10 year jail term for publishing ‘fake news’


The government in the absolute monarchy of Swaziland (eSwatini) has introduced a law aimed at censoring all forms of media which could lead to a 10-year jail sentence for people publishing ‘fake news’.

The kingdom ruled by King Mswati III as sub-Saharan Africa’s last absolute monarch already has been labelled ‘not free’ by human rights groups.

A government gazette has been published detailing the proposed law. The bill will be piloted by the Ministry of Information, Communication and Technology which is headed by the King’s daughter, Princess Sikhanyiso.

The Times of eSwatini reported that the bill states that any person who publishes any statement or fake news through any medium, including social media, with the intention to deceive any other person or group of persons commits an offence. On conviction a person would be liable to a fine not exceeding E10 million (US$600,000) or imprisonment not exceeding 10 years or both.

The new law would allow the courts to prosecute in some circumstances Swazi nationals who live outside of Swaziland. It also covers a wide range of offences including spamming and cyberstalking. Cyberstalking includes making false accusations, defamation and identity theft.

King Mswati who has been widely criticised by human rights groups controls much of the mainstream media in Swaziland. Nearly all broadcasting is state-controlled and one of the only two daily newspapers in the kingdom is in effect owned by the King. Formal censorship and self-censorship by journalists when reporting matters about the King is almost total.

In recent years news websites that call for human rights reforms in Swaziland have been launched. The editors of two of them are in exile in neighbouring South Africa after publishing articles deemed critical of the King. They face sedition charges if they return to Swaziland. There are also a number of Facebook sites and other social media platforms that carry material critical of the King.

Reporters Without Borders in its World Press Index released earlier in 2020 reported that there was no media freedom in Swaziland. It reported, ‘No court is allowed to prosecute or try members of the government, but any criticism of the regime is liable to be the subject of a prosecution. Far from being an independent protector of rights and freedoms, the judicial system is often used to undermine journalism.’

Freedom House scored Swaziland 16 out of a possible 100 points in its Freedom in the World 2019 report. It concluded that Swaziland was ‘not free’.

Freedom House stated, ‘The King exercises ultimate authority over all branches of the national government and effectively controls local governance through his influence over traditional chiefs. Political dissent and civic and labor activism are subject to harsh punishment under sedition and other laws. Additional human rights problems include impunity for security forces and discrimination against women and LGBT (lesbian, gay, bisexual, and transgender) people.’

In Swaziland political parties are barred from taking part in elections. Groups advocating for democracy are outlawed under the Suppression of Terrorism Act.



See also

Swaziland journalist critical of King flees, hides in forest five days

Swaziland journalist critical of absolute monarch, beaten, arrested, faces treason charge

‘No media freedom’ in Swaziland, Reporters Without Borders annual report states
Swaziland journalist ‘tortured by police after criticising absolute monarch in newspaper articles’
https://swazimedia.blogspot.com/2020/03/swaziland-journalist-tortured-by-police.html

Newspaper editor flees Swaziland for second time after arrest and police torture
Swaziland democracy leader charged with sedition for criticising absolute monarch on news website