Botswana
accident while driving alone at night”.
A reporter for the paper, Edgar Tsimane
obtained the information from staff
members of a lodge, where the other
party to the accident was staying on the
night of the accident, August 23.

The media witnessed
a milestone in the
maturing of the
broadcasting sector.
Shortly after publication, Mokone received a letter from the attorney-general,
Athaliah Molokomme, containing details of a road accident, but these related
to an entirely different incident, involving different vehicles in a different place
and at a different time. Molokomme
demanded that Mokone provide a written explanation for his conduct and the
publication of a full retraction in the
Sunday Standard. He refused to do both.
Tsimane, the reporter, fled to neighbouring South Africa, where he has been living as an asylum seeker since 2014. He
insists he is not afraid of facing the law,
but says that he was advised to skip the
country by a close contact in the intelligence service, who advised him that if
he valued his life, he “should seek sanctuary beyond Botswana’s borders”.
The case is being handled under sections 50 and 51 of Botswana’s Penal
Code, which outlaw any “intention to
bring into hatred or contempt, or to
excite disaffection against the person
of the president or the government of
Botswana as established by law”. However, the chairperson of the Law Society

of Botswana, Lawrence Lecha, said that
for the offence under section 50(1) to
be established prima facie, the prosecution had to show that the article incited
“hatred or contempt” against Khama
and questioned “whether the facts and
circumstances can sustain a charge of
sedition”.
In December 2016, Magistrate Mokwadi Chris Gabanagae announced that he
was recusing himself from the case, saying that the accused was well known to
him, as they had attended school together and were from the same neighbourhood. He stated that the case had been
assigned to Broadhurst Chief Magistrate
Faith Ngandu to preside over on Friday
December 16, 2016. At the hearing, the
case against Mokone was scheduled for
2017.
This is the first time a Botswana journalist has been charged with sedition,
which lawyers say carries a maximum
three-year jail sentence. The sedition
case, together with other incidents highlighted in this report and in the preceding years, raises questions over the credibility of Botswana’s democracy. There is
a growing perception especially among
politicians and academia of growing authoritarian tendencies by the Botswana
government. Seditious libel, in the few
places where it is still on the law books,
is generally viewed as having no place
in a modern democracy. In 2009 the
British Parliament voted to repeal the act
(originally promulgated in 1661) after a
long campaign by free-speech lobbyists
in that country highlighting that the offence is “obsolete” and in contravention
of global human rights legislation.
In March freelance journalist Sonny Serite was arrested by the Directorate of
Intelligence and Security Services (DISS)
for obtaining documents allegedly containing “state secrets”. Serite had cov-

So This is Democracy? 2016

35

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