deportation order after being declared a prohibited immigrant. The order followed his presentation of a lecture paper questioning Botswana’s democratic record.
“This act is an enemy of press freedom and is affecting access to information,” said Maphanyane.
“If the government does not want to repeal it, it should at least relax some of its clauses that
affect press freedom in the country.”
But Skelemani recently told parliament that the global fight against terrorism made the act still
relevant, and its retention an imperative.
However, some opposition legislators remained unconvinced. “The act used to be relevant
during the apartheid years, but now it seems not to be important, especially when looking at the
relatively tranquil political situation in the region,” said parliamentarian Akanyang Magama.
· ALERT
Date: March 21, 2005
Persons/Institutions: Media in Botswana
Violation(s): Positive Legislation

On March 21 2005, Botswana’s “Daily News” reports that the development of the principles
of the Draft Mass Media Bill has been concluded, the minister of communications, science and
technology said when asking Parliament for Pula 422.2 million for recurrent spending and
P261.4 million for development expenditure.
However, Pelonomi Venson told Parliament last Thursday (March 17, 2005) that she plans
some stakeholder meetings across Botswana before she can submit the principles to cabinet for
approval.
Minister Venson said the principles would then be submitted to the Attorney General’s Chambers for government lawyers to draft the bill.
The present draft document is a product of a task force that included representatives of the
Press Council, the Media Institute of Southern Africa (MISA) and the Editors’ Forum.
· ALERT (including updates)
Date: February 18, 2005
Persons/Institutions: Professor Kenneth Good
Violation(s): Expelled

On February 18, three officials called at University of Botswana Political Science Professor,
Kenneth Good’s home and said that President Festus Mogae had declared him a prohibited
immigrant and that he had 48 hours in which to leave Botswana.
Good challenged the order in the High Court the following day. No reason for the order has
been given - the state’s lawyers say it is within the prerogative of the president to declare by
presidential decree a foreigner in Botswana to be a prohibited immigrant without giving reasons.
Consequently, it has been presumed that the president was acting in accordance with Section
93 of the Penal Code which states that a person publicly using insulting language in relation to
the president or a member of the National Assembly commits a crime.
* February 28, 2005, Justice Stanley Sapire rejected an application by the state to overturn a
stay of execution of Professor Kenneth Good’s deportation order. Good will now remain in the
country until the final determination of his case against deportation, which commences on
March 7.
* April 19, 2005 - A three-man bench has been constituted to hear Professor Kenneth Good’s
deportation case at the Lobatse High Court on May 2 and 3, 2005. One of the attorneys representing Good, Dick Bayford, said the case will be heard by Justices Stanley Sapire, John
Mosojane and Stephen Gaongalelwe.
* The case in which Professor, Kenneth Good, is challenging a presidential decree declaring
him a Prohibited Immigrant (PI), commenced at the Lobatse High Court on May 3, 2005.
So This Is Democracy? 2005

-49-

Media Institute of Southern Africa

Select target paragraph3