Data-center law in Eswatini
National jurisdiction · as of 2026-09-07
Eswatini has no data-centre-specific statute; a data-centre project is governed by two general regimes. The Electricity Act, 2007 requires a licence from the Energy Regulatory Authority (ESERA, established by the companion Energy Regulatory Authority Act, 2007) before a person may generate, transmit, distribute, or supply electricity, but exempts a person who generates, transmits, or distributes electricity for its own use where the Authority has approved and authorised that use.
The Environment Management Act, 2002 (Act No. 5 of 2002), read with the Environmental Audit, Assessment and Review Regulations, 2000, bars any person from undertaking a project that may have an effect on the environment without the written approval of the Environment Authority. No investment-incentive, free-zone, or special-economic-zone statute, and no data-centre or ICT-specific licensing regime, has been located in the sources checked.
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Instruments on record
2 instruments on record, grouped by the family of approval each one governs.
Environmental review
What impact review must precede approval, and who leads it?
Environment Management Act, 2002, Environmental Impact Assessment and Approval Regime
In force
Environment Management Act, 2002 (Act No. 5 of 2002), read with the Environmental Audit, Assessment and Review Regulations, 2000
Effective 2003-09-01 · Applies to both
Establishes Eswatini's general framework for environmental protection and the integrated management of natural resources, superseding the Swaziland Environmental Authority Act, 1992 (save for its section 11). No person may undertake a project that may have an effect on the environment without the written approval of the Eswatini Environment Authority, or, on review, of the Minister, and except in accordance with any conditions the approval imposes; contravening this duty is an offence.
The Environmental Audit, Assessment and Review Regulations, 2000, made under the predecessor Act, remain in force and set out the procedure for certifying project proponents who comply with the preliminary and full assessment requirements.
Source: Full text of law
Energy and grid
What authorizations govern grid connection and onsite generation?
Electricity Act, 2007, Generation, Transmission, Distribution and Supply Licensing
In force
Electricity Act, 2007
Effective 2007-03-01 · Applies to both
Reforms and consolidates the law regulating the generation, distribution and supply of electricity in Eswatini, repealing the Electricity Act, No. 10 of 1963. A person generating, transmitting, distributing or supplying electricity, or importing or exporting it, must hold a licence issued by the Energy Regulatory Authority. That Authority is the body established under the companion Energy Regulatory Authority Act, 2007.
Generation, transmission, system-operation, distribution, supply, off-grid and mini-grid supply, and import or export of electricity are each licensed activities. A person who generates, transmits, or distributes electricity for its own use is exempted from the licensing obligation where the Authority has approved and authorised that use. A person constructing, owning, or operating a generating station needs a generation licence specifically.
Source: Full text of law
Every entry cites the instrument it describes.
None of it is legal advice: verify a citation before relying on it. Full
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record: all jurisdictions.