MBABANE – The Eswatini Communications Commission (ESCCOM) has ordered internet service provider Jenny Internet Eswatini to pay an administrative penalty of E150 000 after finding that the company unlawfully established a direct cross-border fibre link into the country.
The decision follows a dispute between the Eswatini Posts and Telecommunications Corporation (EPTC) and Jenny Internet over a fibre connection entering Eswatini through the Malutha Border Post.
According to ESCCOM's final decision, EPTC had raised concerns that Jenny Internet established its own direct cross-border fibre infrastructure bypassing EPTC's national backbone network at Malutha.
EPTC argued that the arrangement was in contravention of Section 53 of the Electronic Communications Act, 2013 and Regulation 5 of the Electronic Communications (Facilities-Sharing) Regulations, 2016.
Following an investigation that included written and oral submissions from both parties, ESCCOM confirmed that Jenny Internet had established a direct fibre link that bypassed EPTC's backbone infrastructure when entering Eswatini.
The commission found that the conduct contravened laws governing national backbone interconnection and infrastructure sharing.
In its findings, ESCCOM stated that Jenny Internet's direct fibre link entered the country without utilising EPTC's national backbone infrastructure as required under the existing regulatory framework.
As a result, the regulator ordered Jenny Internet to pay an administrative penalty of E150 000 on or before July 30, 2026.
The commission further directed the internet service provider to use EPTC's backbone connectivity when bringing services into Eswatini.
The ruling is one of the latest regulatory decisions involving the country's telecommunications infrastructure and highlights the importance of compliance with laws governing communications networks.
While ESCCOM found against Jenny Internet on the issue of the fibre link, the commission also made findings against EPTC.
The regulator established that EPTC had not adequately discharged its obligations relating to backbone access, infrastructure sharing and quality of service.
According to the commission, evidence and submissions presented during the proceedings revealed shortcomings regarding EPTC's responsibilities as the operator of the national backbone network.
ESCCOM said it conducted an in-depth analysis of evidence submitted by both parties before arriving at its decision.
The regulator also considered collaborative measures that had been adopted by EPTC and Jenny Internet in an effort to resolve the dispute.
As part of its final orders, ESCCOM directed EPTC to ensure that access to national backbone infrastructure and related services was made available to Jenny Internet.
The commission further ordered EPTC to process all applications expeditiously and in good faith.
According to the decision, EPTC must also ensure that acceptable technical and service standards are maintained when providing backbone services.
The regulator emphasised the importance of cooperation between the two entities moving forward.
ESCCOM directed both EPTC and Jenny Internet to continue cooperating in good faith to ensure lawful interconnection arrangements and compliance with the Electronic Communications Act and applicable regulations.
The dispute centred on the manner in which communications services are brought into Eswatini through international fibre links.
National backbone infrastructure plays a critical role in the country's telecommunications sector as it provides connectivity that supports internet and communications services across the country.
Infrastructure-sharing requirements are intended to promote efficient use of communications infrastructure while ensuring compliance with national regulatory standards.
ESCCOM is the statutory regulator of the communications sector in Eswatini and is responsible for regulating telecommunications services, broadcasting services, postal services and radio spectrum use in the country. ([Eswatini Communications Commission
The commission derives its powers from legislation governing the communications sector and is mandated to ensure compliance with applicable laws and regulations.
The final decision was published under General Notice No. 5 of 2026 and was signed by Acting Chief Executive Officer Fikile Gama.
ESCCOM has made the full decision available to the public through its official platforms.
The Eswatini Communications Commission (ESCCOM) has ordered internet service provider Jenny Internet Eswatini to pay an administrative penalty of E150 000 after finding that the company unlawfully established a direct cross-border fibre link into the country.