ESCCOM MANDATE

There is always a thin line between regulation and over regulation and we know that the economics of over regulation state that there is an adverse effect on economic outcomes due to over regulation.

Furthermore, there is a very thin line between national security concerns and stifling businesses that are seen as threats to national security. The overall effect of this on the economy tends to have negative effects on the economy. I am basing my thought on the questions raised in Parliament regarding the ability of Eswatini Communications Commission (ESCCOM) to control Starlink.

The mind-boggling question
I find it more concerning that a member of the august House raised the question in relation to the ability to suffocate connectivity during an unrest. I do have it in mind that the question may have been a general one, just it is the example that makes one wonder if the communication space in Eswatini would ever be allowed to thrive. The question would have been better phrased to ‘what regulatory control does the ESCCOM have over Starlink an international company which does not have a domicile in the country?’. This phrasing makes the question potent regarding the ability of the regulator to enforce its role in ensuring that competition within the sector is free and fair.The actual wording of the question makes one wonder what the role of ESCCOM is in the eyes of our legislators? Is ESCCOM a national security apparatus? Or is the commission a regulator with a mandate to regulate the communications sector in Eswatini, as per the Swaziland Communications Commission Act No. 10 of 2013?

Notion

The notion or even a hint around militarisation of regulatory agencies does not bode well for market sentiments. As a country we ought to be focused on improving the investment climate and the business environment in the country. Recent statistics show that Eswatini is among the least investment friendly country in the globe and the region. We have been classified among the least ideal countries for investment destination. Such statements coming from the august House will not help improve the country’s standing in the eyes of the international community.

We need to embark on building an investor friendly destination and to do these investors must be assured that regulatory agencies will not be utilised militarily. Regarding the telecommunications space, investors need to know that they will be in a country where they will have high speed connectivity at all times with minimal interruptions. When agencies rate countries, public statements, by public officials are also taken into consideration. We need a vibrant august House to ensure that all regulatory agencies are allowed to pursue their mandate without any interruptions. Also, one would not discount the fact that national security concerns are always paramount, however, that should be the work of the security cluster not the legislative branch. It is this branch that ought to hold other branches of the government machinery accountable.

National security
I am not by no means discounting the fact that national security should be a paramount concern for government. However, issues of national security should be removed from civic cluster issues. It is incumbent on the security forces to capacitate themselves to catch up with the times, develop intelligence and counter measures to combat any potential sources of insecurity. It is not the role of business to have national security concerns in mind when they conduct business, as long as they do that within the confines of the law.

It remains incumbent on state security and State intelligence to ensure that legal business products are not utilised. Also, national security should not be seen as curtailing the constitutional right of freedom of expression and the right to communicate. Taking back to 2021, one would point to the statements made by the communications companies regarding the internet outages. The role of business is to make money and not being agents for state security. However, the government may commandeer some of the services of business in the event that national security is at stake.

Balancing

It is imperative that we are able to balance national security needs with the need to develop an environment for business to thrive. What the august House ought to be concerned with is developing a legal framework to ensure that the cyber space can be regulated without curtailing freedom of expression and curtailing operations of businesses working within the confines of the regulatory framework.

Furthermore, State security agencies should work to ensure that an unfortunate situation such as June 2021 does not ever befall us as a nation. The august House also, has to be concerned with legislative work that will push us further from events of June 2021. Furthermore, given our poor performance in the investment destination metrics and poor socio-economic indicators, legislators need to be concerned about utilising legislation to engender an investor friendly Eswatini. We are living in a digital edge; we need not spook investors about over-regulation on throttling of the digital space. Connectivity is one of the key issues that investors look at before setting shop.

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