%RWVZDQD

,QWURGXFWLRQ
Though acclaimed internationally
as a democratic template that should
be followed by other African countries, Botswana’s democracy is in many
ways flawed and has serious underlying defects especially when considering
the unsupportive and restrictive legal
frameworks concerning the media. A
list of some such barriers are:
• The Absence of Freedom of Information (FOI) law
• The coming into place of the Botswana Communications Regulatory
Authority Act (BOCRA)
• Media Practitioner’s Act
• Criminal Defamation vs. Civil Defamation
From the media’s point of view,
2012 was a trying and eventful one. As
the year begun, media people and media advocacy groups were all hopeful
about the possibility of witnessing the
passing of Botswana’s first Freedom of
Information Act. That was not to be.
As it turned out, such expectations
were quashed by the ruling government’s burning desire not to be outdone
by the opposition. The events unfolded
as follows.
In 2010, an opposition Member
of Parliament, Dumelang Saleshando,
proposed a private member’s Bill on
Freedom of Information and joined efforts with MISA-Botswana to form a
taskforce on the issue. Involved in the
taskforce were civil society activists,
university experts, gender activists and
lawyers. The taskforce’s mandate was to
assist Saleshando to craft a document

on FOI that was able to stand the test
of time and abide by current developments in FOI laws around the world.
The goal was to come up with a law
that was progressive.
With the help of development partners and MISA’s wide exposure to such
efforts, the Task Force was able to craft
a draft that was eventually brought to
Parliament in 2011. In early 2012, MISA
Botswana, on behalf of FOI taskforce,
embarked on a campaign to inform the
public through Local Authorities, Traditional leaders and Civil Society groups.
Meetings were held across the country
to get the public to appreciate not just
the Bill and its contents, but also more
crucially, why as a democracy Botswana
needed such a law.
With the second reading on schedule, there started clear attempts by
government, especially the Minister of
Presidential Affairs and Public Administration, Mokgweetsi Masisi, and Presidential Spokesperson, Dr. Jeff Ramsay,
to delay and even discredit the Bill. As it
turned out, the two officials spearheaded what became a frustrating exercise
to effectively kill the Bill before it could
become a law.
They masterminded a campaign
that eventually convinced the ruling
party in parliament that what the country needed first, was a Data Protection
law before the Freedom of Information
Law. In their misinformation and disinformation campaign, they even misled
some MPs who seemed not to have read
the contents of the draft Bill for themselves.
A key character of the duo’s scare-



6R7KLVLV'HPRFUDF\"





Select target paragraph3