Omphemetse Motumise asked Nthebolan to disclose the source of close to
3900 Euros deposited into her account
in 2008. Nthebolan said she got the
money from a friend.

Journalist wins long running
defamation case
In a victory for media freedom, on 3
April 2014 Metlhaetsile Leepile, a Media veteran and pioneer of MISA and
Southern Africa Media Development
Fund (SAMDEF) won a long running
defamation case against a Francistown
High court Judge Justice Mpaphi Phumaphi. The Case reached the courts thirteen years ago after Justice Phumaphi
felt aggrieved by a document written by
Leepile contributing to a Constitutional
amendment public debate in progress at
the time.
Justice Phumaphi felt the document
could tarnish his image and cost him
other opportunities. At the time he was
awaiting presidential appointment to
the legal bench. The court was to determine whether or not the document was
defamatory of Justice Phumaphi and
whether or not Mr Leepile published the
document or caused it to be published.
The media industry hailed the court’s
progressive decision to dismiss the application and hope it will pave way to
platforms of dialogue in legislative reforms aimed at achieving an environment more conducive to media freedom.

Botswana’s media controlled by
two opposing media regulations
The media finds its self under the control
of two opposing media regulations. The
autonomous Press Council of Botswana
has the backing of the private media
whilst the media statutory regulation un-

der the media Practitioners Act has the
blessing of government. Government
undermines the Press Council of Botswana by saying it is a voluntary organisation whose decisions are not binding
and not supported by any law.
On the other hand, the private media
has rejected the Media practitioner Act
as it sees it as a government tool to control the media industry. There are indications government, through the ruling
BDP, wants to review some sections of
the Media Practitioners’ Act to allow the
law to be implemented in a manner that
will give them power to humiliate the
private media.
The implementation of the Media Practitioner’s Act was partly delayed because
the Law society of Botswana refused to
recommend a lawyer to chair the Appeals committee of the media council within the Media Practitioner’s Act.
There is a strong belief BDP is targeting
this section for review so the appeals
committee can be headed by someone they recommend. This belief was
re-affirmed when BDP secretary Mpho
Balopi told ENCA news the media in
Botswana is unregulated.

JOURNALIST SAFETY
Unfortunately, 2014 saw several cases
of violence against journalists.
In one example, on 5 August, The Voice
newspaper journalist Chenjelani Baraedi was attacked by a prison officer for
photographing a man accused of raping
two women in Francistown. The incident took place outside the Francistown
Magistrate Court. Baraedi said while
he was on duty trying to take pictures,
the prison officer charged and pushed
him before threatening to confiscate his
camera, preventing him from the taking
photographs. He reported the matter to

So This is Democracy? 2014

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