Botswana the DCEC with Kgosi before the hearing on 14 July 2014. years and close the Sunday Standard for a year if found guilty. The order also barred the Sunday Standard from mentioning the names of witnesses interviewed on the case. The newspaper’s editor, Outsa Mokone confirmed to the Media Institute of Southern Africa’s Botswana chapter (MISA Botswana) they received an affidavit from DCEC seeking court interdiction restraining the Sunday Standard from publishing, distributing or disseminating information or materials from the docket containing Kgosi’s interviews. On 8 September 2014, Botswana police arrested Sunday Standard editor Outsa Mokone. According to the warrant of arrest issued by the Gaborone Magistrate Court, Mr Mokone was arrested in connection with a “seditious intention contrary to section 50(1) (a) as read with section 51(1)(c) of the Penal Code.” The arrest was in respect to a story published by the Sunday Standard newspaper on 31 August 2014 headlined “President hit in a car accident while driving alone at night.” The State considered the article to be malicious and defamatory to President Ian Khama Seretse Khama. According to a letter of complaint from the Attorney General Dr Attaliah Molokomme the contents of the story were defamatory of the good name and reputation of the President on his personal and private capacity. The interdict further required the Sunday Standard to return to the DCEC any information from Kgosi’s docket. It is shocking for the DCEC to have taken such a decision to gag the media. He further added that it would be unfair for the DCEC to claim back information allegedly obtained by the newspaper as this is tantamount to interfering with the newspaper’s editorial independence. Both government and private sector misusing laws to control the media In an example of the private sector using the courts to impede the media, on 5 August, the Dikgang Publishing Company (DPC) (publishers of Mmegi and Monitor newspapers) was in court for defamation filed by former managing Director of Botswana Development Corporation (BDC) Maria Nthebolan. As election day approached and pressure increased on the ruling party, a magistrate court in Gaborone issued a warrant of arrest for Sunday Standard editor Mr Outsa Mokone. Mr Mokone was arrested and detained overnight by the Botswana police. The media came with guns blazing and other stakeholders such as the labor movement, law society of Botswana, Ditshwanelo human rights group and the embassy of America in Gaborone joined in the chorus and Mr Mokone was eventually freed. However, he is still facing sedition charges that could send him back to jail for three Between 2008 and 2011 Mmegi newspaper reported on alleged corruption within BDC. The newspaper carried several articles reporting on the controversial Palapye glass production company (Fengue Glass Company) depositing money amounting to P3 Million in some of staff members’ accounts including that belonging to Nthebolan. Nthebolan has maintained there was no mysterious funds, that all funds in her bank account could be explained and accounted for and that she never received a share of P3 million from anyone. This information came after the defendant’s attorney FREE EXPRESSION AND THE LAW 26 So This is Democracy? 2014