ing – public, commercial and community – Botswana legislation – specifically the BOCRA Act of 2012 – does not
make provisions for community media
or public service media and the law is
silent about online radio stations. There
have been calls from various stakeholders for the need to diversify the sector
and create conducive conditions for
community broadcasting to ensure a
truly diverse, competitive and quality
broadcasting sector.
In September, Mascom Wireless, one of
Botswana’s leading mobile network providers, launched the Tsena-Botswana
online portal. The Tsena Botswana portal was described by Thato Moruti and
Tebogo Lebotse-Sebego of Mascom as
“an online one-stop shop and information sharing platform on anything and
everything about Botswana, consisting
of news content not paid for and produced by journalists paid by a variety of
media houses involved”. Mascom consulted a wide range of parties, including
bloggers, farmers, students and many
more in different sectors to get their
opinion and in other instances receive
content for the portal. Tsena aims to be
an online gateway to Botswana. Mascom said it was important to show the
world that Botswana was “more than
just nature, beef and diamonds”

In another rights-related setback for the
government, it lost its battle to block
the registration of a gay rights group.
Botswana’s highest court said the organisation Lesbians, Gays and Bisexuals
of Botswana (LEGABIBO) should be allowed to register. A five-judge bench at
the Court of Appeals said the refusal had
been unconstitutional. Judges dismissed
Home Affairs Minister Edwin Batshu’s
argument that registration might encourage the group’s members to break the
law. Judge Ian Kirby, who handed down
the ruling from a five-judge bench, said
the reason for refusal was irrational
based on the evidence presented. The
ruling means LEGABIBO will be able to
campaign for changes in anti-gay legislation.

In and around newsrooms and
courtrooms

It was an eventful year in the legal domain in Botswana. Although most of the
events do not directly relate to the media, they are worth highlighting as the
media in Botswana has over the years
had confidence in the courts of law in
terms of obtaining justice when it seeks
it.

Repression of journalists while in pursuit of their job, especially investigative stories, remains a problem in Botswana, with no sign that the tension
between the media and the state will
be resolved soon. The year saw the continuation of the on-going court case in
which Botswana weekly newspaper,
Sunday Standard editor Outsa Mokone
was charged with sedition after his paper covered a story about a car accident
that allegedly involved the President of
Botswana, Dr Seretse Khama Ian Khama
in 2014.

Recently, the judiciary experienced
some turbulence over discontentment
with the appointment of judges and jus-

The Sunday Standard story appeared on
the front page on September 1, 2014,
with the headline “President hit in car

The Legal Environment

34

tices of the court of appeal. In a separate
development, the suspension of a number of high court judges raised questions
about the stability of the judiciary in
Botswana. This followed allegations that
they had questioned the administration
of Chief justice Maruping Dibotelo.

So This is Democracy? 2016

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