BY MBONGENI NDLELA
MBABANE– The Eswatini Communications Commission (ESCCOM) has delivered a landmark ruling in a dispute between the Eswatini Posts and Telecommunications Corporation (EPTC) and Jenny Internet Eswatini, ordering the internet service provider to pay an administrative penalty of E150 000 for unlawfully establishing a direct cross-border fibre connection into the country.
The decision, issued under Section 36 of the Eswatini Communications Commission Act, 2013, follows an investigation into allegations that Jenny Internet bypassed EPTC’s national backbone infrastructure when bringing connectivity into Eswatini through the Malutha Border Post.
According to ESCCOM, EPTC lodged a complaint alleging that Jenny Internet had established its own direct cross-border fibre infrastructure instead of utilizing the national backbone network, a move which EPTC argued contravened provisions of the Electronic Communications Act, 2013, and the Electronic Communications (Facilities-Sharing) Regulations of 2016.
After reviewing written and oral submissions from both parties, the Commission concluded that Jenny Internet had indeed established a direct fibre link entering Eswatini at Malutha, bypassing EPTC’s backbone infrastructure.
ESCCOM found that the conduct violated laws governing national backbone interconnection and infrastructure sharing in the Kingdom.
However, the Commission’s findings were not one-sided.
In a significant development, ESCCOM also determined that EPTC had failed to adequately discharge certain obligations relating to backbone access, infrastructure sharing and quality of service.
The regulator said its investigation revealed shortcomings on the part of EPTC in ensuring effective access to national backbone facilities and related services.
As a result, the Commission issued a series of directives aimed at resolving the dispute and strengthening cooperation within the telecommunications sector.
Among the orders issued, EPTC has been directed to ensure that access to national backbone infrastructure and related services is made available to Jenny Internet. The corporation has also been instructed to process applications expeditiously and in good faith while maintaining acceptable technical and service standards.
Jenny Internet, on the other hand, has been ordered to pay an administrative penalty of E150,000 to ESCCOM by 30 July 2026 for violating the law. The company has further been directed to utilize EPTC’s backbone connectivity when bringing telecommunications services into Eswatini.
The Commission further ordered both EPTC and Jenny Internet to continue working together in good faith to establish lawful interconnection arrangements and ensure full compliance with the Electronic Communications Act and related regulations.
The ruling is expected to have far-reaching implications for Eswatini’s telecommunications industry, particularly regarding infrastructure sharing, competition and the regulation of cross-border connectivity.
Industry observers say the decision reinforces the principle that licensed operators must comply with national interconnection frameworks while also highlighting the responsibility of infrastructure providers to offer fair and efficient access to essential communications networks.
The case comes at a time when ESCCOM continues to strengthen regulatory oversight of the communications sector as part of broader efforts to promote investment, competition and high-quality digital services in the country.
Acting Chief Executive Officer Fikile Gama signed the notice dated 1 June 2026, confirming the Commission’s final determination on the matter.
(Courtesy Pic)
