practitioners, and academics are particularly irked by this law. The deportation of Professor
Kenneth Good (a former political Science Professor at the University of Botswana) by President Mogae who invoked the powers bestowed upon him as Head of State is still fresh on the
minds of many.

Access To Information
Media practice in Botswana relatively enjoys freedom. However, certain laws in the country
militate against free access to information. The African Media Barometer Botswana 2007 cites
several laws that prevent the desired free flow of information. These are the Civil Service Act;
the Cinematography Act; the Directorate on Corruption and Economic Corruption Act; and the
National Security Act. The National Security Act in particular, is likely to have been “bolstered
even further” by the new Intelligence and Security Services Act.
Furthermore, there is still no talk on the Freedom of Information Act recommended by the
Vision 2016 document. Media practitioners and the civil society, therefore, need to join MISA
in actively advocating for the implementation of this recommendation and thus the enactment
of the Freedom of Information Act.

Defamation
MISA and the self-regulatory body, the Botswana Press Council, apparently play a vital role in
preventing lawsuits against the media and in encouraging the media to be particularly careful
in their reporting of events and issues.
No lawsuits were recorded in 2007 but the Media Complaints Committee of the Botswana Press
Council attended to a number of cases. Eight cases of defamation were registered against BTV;
Mahube; Monitor; Botswana Guardian; Echo (two cases); and Yarona FM.
Three of these disputes were dropped. These were: Pono Selelo vs Mahube; Collins Selaba
vs Yarona FM; and Mr. and Mrs. Seisa vs The Voice and The Echo. In two cases the media
was absolved as their reporting was found to be fair and accurate: Francistown-based District
Commissioner, Sylvia Muzila vs BTV and Botswana Media Women’s Association (BOMWA)
vs Monitor. Sylvia Muzila, however, has appealed against the verdict. In the disputes between
the Ministry of Labour and Home Affairs and the Sunday Standard, and between the Botswana
National Front (BNF) Member of Parliament Isaac Mabiletsa and the Botswana Guardian, the
Media Complaints Committee ruled against the media houses.
In the dispute between BNF Publicity Secretary Moeti Mohwasa and The Echo, both parties
agreed to resolve the matter privately.

Constitution
An interesting case that reached the High Court of Botswana and, subsequently, the Court of
Appeal in the first quarter of the year was that between Multichoice Botswana and the National
Broadcasting Board (NBB). Multichoice Botswana submitted that the NBB had issued it with
a broadcasting license, which the company could not be subjected to as it simply operated as a
relay channel and was not involved in actual broadcasting from Botswana. Judge L.S. Waila in
his pronouncement informed the court that the NBB’s decision to issue a license to Multichoice
Botswana was set aside with costs. NBB appealed against the judgment but Judge of Appeal,
Lord Coulsfiled, also dismissed the case.

So This Is Democracy? 2007

-23-

Media Institute of Southern Africa

Select target paragraph3