INTRODUCTION
Botswana is still without a freedom of information act,
despite the fact that this freedom is assured in section
12 of the constitution. Attempts to pass such a law have
always been impeded by the ruling Botswana Democratic
Party. In fact, the current president led the withdrawal of
the opposition-sponsored Private Members Bill in 2011,
assuring that a new and improved bill would be brought
before parliament. This has not yet happened.
The difficulty of accessing information continues to
be a blot in the country’s democratic credentials.
Without a law that facilitates access to information,
there are a number of initiatives and legislations which
restrict this access. The Public Service Act is one such
example. The act makes it a dismissible offense for a
public officer to disclose work-related information. This
amounts to censorship as workers are unable to raise
the alarm when they come across information that is
in the public’s interest. Under this act, whistle blowing
becomes a crime.
With the advent of the COVID-19 pandemic, the
government has become more secretive and openly
introduced the Emergency Powers Act, which contains
clauses that specifically prevent access and relay of
information. For example, sections 30 (3) and 31 (3)
criminalise the relay of COVID-19 related information
from any source besides the government or the World
Health Organisation. While the open intention was to
curb circulation of misinformation, this act has been
used to protect the image of the government and, in
particular, the president.
The police have used the current State of Emergency to
make arrests, some of which are regarded as political.
An example is the arrest and detention of Botswana
Patriotic Front spokesperson, Justice Motlhabani, on
allegations that he was responsible for administering
a Facebook page which carried negative reports of the
president. Motlhabani is currently released on bail.
In a press statement, the police warned the public
against publishing information that is ‘offensive’ to
the leadership. This led to an enraged commentary on
social media and radio stations, as people asked why
the police were going beyond their expected mandate.

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It is also worth noting that parliament recently rejected
a motion by Dithapelo Keorapetse, an opposition
member of parliament, in which he called for the repeal
of the Media Practitioners Act, which passed through
parliament and assented in 2008. The ruling party
rejected the motion, despite their undertaking to repeal
it in their 2019 election manifesto. This was the second
time the repeal was rejected in parliament. The act is
considered draconian by observers and the media.

RATIONALE AND RESEARCH
PARAMETERS
AIM OF THE STUDY
This survey targeted 10 public organisations to ascertain
how responsive they are to information inquiries by the
public. The survey was carried out from June to August
2020. Written requests for information were dispatched
to these selected organisations.
The purpose of the study is to provide an informed
picture of the state of access to information in Botswana.
The results of the study are expected to motivate
transparency and open government.

OBJECTIVES OF THE STUDY
y

To determine which organisations (both government
and public) provide information to citizens upon
request, timeously and with relative ease.

y

To determine which organisations (both government
and public) utilise online platforms to promote
access to information.

RESEARCH METHODOLOGY
The research adopts both qualitative and quantitative
methods of data collection, and seeks to evaluate the
level of public access to information held by government
and public organisations. Each MISA Chapter conducts
research by evaluating the websites of government
and public organisations along with submitting written
requests for information. This method seeks to establish
the transparency and efficiency of government and
public organisations in providing information to the
public.

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BOTSWANA

TRANSPARENCY ASSESSMENT REPORT

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