The Mbombela division of the Mpumalanga High Court has dismissed a significant part of a defamation case brought on behalf of King Mswati III.
Themba Masuku, a former acting prime minister of eSwatini, filed a lawsuit against Zweli Martin Dlamini, the editor of the South African-based online publication Swaziland News.
Masuku sought a mandatory interdict that would have forced Swaziland News to provide the eSwatini government with at least seven days’ notice before publishing any future articles critical of the monarchy, alleging defamation in their reporting.
This would have given the government the opportunity to stall news reporting, effectively imposing prior restraint on the media outlet.
The articles in question, published between August 2020 and December 2022, accused the king, Masuku, and other officials of corruption, fraud, and unethical behaviour.
They included a claim that Masuku’s wife looted R200 000 during an international trip.
While the court acknowledged that the articles were defamatory, it ruled that Masuku did not have the legal standing to bring the case on behalf of his wife or King Mswati.
Judge Johannes Roelofse made it clear that the individuals directly affected should have pursued the matter themselves.
Personal rights not infringed
“The minister was not defamed. Perhaps his spouse was. None of the minister’s personal rights were infringed,” Roelofse said in his ruling.
“Therefore, the minister has not established an infringement of his personal rights and is not entitled to interdictory relief.”
Similarly, the court ruled that King Mswati III should have brought the case himself. Roelofse noted that Masuku could not represent the king in a South African court.
Initially, the court had granted an interim order in favour of the Swaziland government, which required Swaziland News to provide 72 hours’ notice before publishing any content critical of the monarchy.
This temporary relief was granted while the court considered the merits of the final judgment.
However, Masuku’s request for a permanent seven-day notice period was ultimately rejected.
“I granted an interim order in favour of the minister … as the balance of convenience favoured the Eswatini government while I was considering what final relief [if any] to grant,” explained Roelofse.
Separation of powers
However, the court rejected the Eswatini government’s attempt to declare Swaziland News’s actions as terrorism, with Roelofse ruling that such a declaration would breach the principle of separation of powers and amount to a conviction without trial.
“To declare that the respondents have committed acts of terrorism … would not only offend the principle of separation of powers but also convict the respondents without a fair trial,” he said.
The case underscored the balance between media freedom and defamation, with Swaziland News editor Dlamini maintaining that his outlet was exercising its right to report critically on the government.
Roelofse concluded by reaffirming the need for the publication to comply with the press code.
He also rejected the majority of Masuku’s requests for relief, including the one for a seven-day notice period.
