This lack of regulation deprived consumers of adequate protection and avenues for redress, jeopardized the integrity of the courier network by allowing potentially hazardous or prohibited goods to pass unchecked, and endangered public safety and other parcels. Service delivery standards were not strictly enforced, leaving unresolved cases of poor service.

Furthermore, unregulated competition among service providers stifled sector growth and enabled unfair practices to thrive. Without proper oversight, the courier industry's performance remained undocumented, making it difficult to evaluate its effectiveness and identify areas for improvement.

These challenges highlighted the critical need for a strong regulatory framework for Eswatini's courier and logistics industry. In response, the Eswatini Communications Commission released the Postal and Courier Licensing Guidelines 2021.

Postal and Courier Licensing Guidelines 2021

The regulation of the courier sector is essential for maintaining a fair, efficient, and secure environment for the delivery of postal and courier services. In Eswatini, this responsibility falls under the Eswatini Communications Commission (ESCCOM), which operates under the Eswatini Communications Commission Act, 2013. The Commission is mandated to oversee the licensing, operations, and standards of all postal and courier service providers within the country. This regulatory framework ensures that consumers receive high-quality services, fair competition is maintained among providers, and the security of postal articles and parcels is upheld.

Provision of Postal and Courier Services:

Licensing Requirements and Application Process

·       Licensing Requirements: All courier service providers are required to obtain a license from the Eswatini Communications Commission (ESCCOM) to operate legally. There are two types of licenses available: individual licenses for designated postal operators and general licenses for commercial courier services.

·       Application Process: Prospective licensees must submit a written application to ESCCOM. The Commission evaluates these applications based on several criteria, including the applicant's technical and financial capabilities, the interests of consumers, and the need to ensure fair competition within the sector.

Service Standards and Consumer Protection

Understanding the highly competitive nature of the courier sector, the 2021 Guidelines have implemented a light-touch regulatory approach. This approach allows for a blend of self-regulation in some areas and traditional regulation in others. By doing so, the sector is given room to self-manage and innovate while ensuring that essential standards and oversight are maintained where necessary.

Security and Safety

All licensees must take reasonable steps to enhance security and combat crimes within the courier sector, ensuring that no prohibited items are accepted for transmission as specified by applicable national laws and international conventions.

Quality of Service

Courier service providers are required to submit their quality-of-service standards to the Commission for approval. The Commission will then measure performance against these established Quality-of-Service parameters and audit the submitted reports to ensure compliance and reliability.

Consumer Protection and Complaints Handling

Service providers shall establish and maintain a consumer complaint handling system that incorporates liability and compensation management procedures, ensuring consumers can: (a) file a complaint with the licensee within one (1) month of receiving unsatisfactory service; (b) receive clear and complete information about rates, terms, and conditions for available and proposed products and services; and (c) be charged only for the products and services subscribed to.

 Legal Possession and Ownership of Parcels

A licensee assumes full liability for any damage, loss, or theft of items received from customers until the completion of delivery. Therefore, licensees must develop and transparently disclose to customers the extent of their liability and their compensation policies in cases of loss or damage to entrusted items.

 Compliance and Enforcement

Operating without a license, providing false information, or failing to comply with license conditions are considered offenses and carry penalties. The Commission is empowered to enforce compliance and take appropriate actions against providers found to be non-compliant.

The 2021 Guidelines by ESCCOM establish a comprehensive regulatory framework for the postal and courier sector in Eswatini. By setting clear standards for licensing, service quality, consumer protection, and security, these guidelines aim to promote a robust and fair market environment, ensuring that consumers receive reliable and high-quality courier services.

Licensed Service Providers  

To date, the Commission has licensed seven prominent courier service providers, including Phutfumani Couriers, Interfreight (PTY) Ltd, DHL, FedEx Couriers, Eliang Courier Services, Triton Express Couriers, and Shippii Online. These established entities are recognized for their exemplary delivery services, contributing positively to both customers and the industry at large. Licensing ensures adherence to industry standards, enhances reliability and promotes trust among consumers. The Commission remains committed to engaging with additional sector players, encouraging them to step forward and obtain licensing through ESCCOM, thereby further elevating service standards across the courier industry.