eSwatini is one of the largest cannabis producers in southern Africa, supplying the illicit market in neighbouring South Africa as well as the international black market. Famed for its landrace, Swazi Gold, eSwatini has failed to capitalize on the cannabis reform movement elsewhere on the continent.

The legalization of medical cannabis for research and for export only has been on the cards for years under the Ministry of Health.

One of the many problems besetting the Bill is that it is being tagged on to a 100 year-old law, the Opium and Habit-Forming Drugs Act of 1922, as an amendment, which the Ministry first tabled in Parliament in 2019.

The King of eSwatini, Mswati III, last year called for the Bill to be fast-tracked, but instead it appears that it is going backwards, with two more ministries being involved to look at the legislation – that of Agriculture and Commerce, Industry and Trade, and confusion over which entity is actually going to retable the Opium and Habit-Forming Drugs (Amendment) Bill.

The delays in retabling the bill are unclear. Health Minister Mduduzi Matsebula, told MP’s:

“At government level, the political will is there. As a result, when I reported to Cabinet that I was busy with this bill, I was encouraged to work together with two other ministries since the bill involves different things. We are holistically looking into it so we table something that addresses all aspects including research and medicinal purposes” .

After his feedback, Lamgabhi MP Sicelo Jele said it was a big concern “that when it comes to bills that touch on the lives of many emaSwati, the process drags for a long time. I remember this bill was tabled years ago, it was properly unpacked and debated, but up until today, it has not been passed. This is disappointing, it is what causes anger among the citizens,” Jele said.

Another major problem is that there is no coherent cannabis policy in eSwatini and that the illegal market is controlled by various factions all of whom have clout at a high political level.

There are persistent rumours that the Royal Household has interests in illicit cannabis cultivation and that the clampdown on pro-democracy protestors has seen him neutralizing his opponents.

The Bill does not address these realities nor does it envisage the development of a local medicinal, health and wellness market. It wants to limit cultivation to export-only.  This has been opposed by some health practitioners and individuals in the business community who believe domestic consumption of cannabis should also be legalized.

The government itself, appears in two minds about cannabis. The police are in full prohibitionist gear, with the National Commissioner vowing recently to “destroy all dagga fields” as part of the War Against Drugs. On the other hand, government spokesperson Alpheous Nxumalo told Voice of America in March this year that  legalizing cannabis would help limit the black market, increase tax revenue and empower Eswatini farmers.

“The legislation will also provide measures to guard against increasing the black market. This has robbed government taxes, Eswatini, an opportunity to grow their economy and robbed even the farmers themselves who have been trying to make a living using this cannabis. We look forward to the unbanning of the cannabis plant as an opportunity to develop the country, our economy and to empower eSwatini themselves.”

Dr. Thys Lourens, a South African occupational medical practitioner from who works for Occupational Health eSwatini, argues that legalizing cannabis could have major benefits for health care, society and the economy,

E. Nathi Dlamini from Business Eswatini sees medical cannabis as an avenue eSwatini can use to capitalize on the global cannabis market to create jobs and spur economic growth,

“Many countries are well ahead in this regard in terms of developing industries to support investment, create jobs which by the way, we desperately need" he said.

Whichever way one looks at it, don’t expect any coherent cannabis legislation out of eSwatini anytime soon.