Botswana
FREEDOM OF EXPRESSION

PRINT MEDIA

Judges suspended

Botswana Gazette offices raided

The independence of the Third Estate
– the judiciary – came under attack,
when President Ian Khama suspended
four judges on August 28, under Section 97 of the Botswana Constitution
for alleged misconduct and bringing the
judiciary into disrepute. This followed
a petition signed by 12 judges, including the suspended four, calling for the
impeachment of Chief Justice Maruping
Dibotelo.

Just a few days after the commemoration
of the 2015 World Press Freedom Day
under the theme “Let journalism thrive!
Towards better reporting, gender equality in the digital age” the Botswana Gazette offices were raided by the DCEC on
the premise that the newspaper carried
a story that disclosed information on a
case they were investigating. Section 44
of the DCEC Act prohibits anyone from
disseminating information on any case
being investigated by Botswana’s corruption watchdog.

The four judges - Justice Key Dingake, Justice Modiri Letsididi, Mercy Garekwe and
Justice Rainer Busang had written a letter,
along with their eight counterparts to the
Chief Justice complaining about the poor
conditions of service in the Judiciary.
In the same letter, the 12 Judges also collectively disapproved of the conduct of
the Chief Justice and questioned his suitability to hold office. Acting on the advice of the Judicial Service Commission
President then accused the four judges
of “misbehaviour” and suspended them.
In his court papers President Khama disclosed that he suspended the judges for
undermining Chief Justice Dibotelo and
bringing the judiciary into disrepute.
Khama suspended them after they challenged Justice Dibotelo’s move to report
them to the police for receiving housing
allowances while staying in official residences.1
1 Mmegi Online - Botswana urged to lift
judges’ suspension http://www.mmegi.
bw/index.php?aid=54746&dir=2015/
october/09#sthash.3jGZTql0.dpuf

The Botswana Gazette broke a story
linking a Zambian national, who was
deported from the country to alleged
corrupt deals linked to his relationship
with the Directorate on Intelligence and
Security Services (DISS), and the ruling
Botswana Democratic Party.
During the raid, the staff was prevented
from entering the building, computers
were confiscated, and the following
day, the newspaper’s managing director, Rudolf Shike Olsen and journalists,
Lawrene Seretse and Innocent Selatlhwa
were arrested and their lawyer Joao Salbany was detained.
DCEC justified the raid on the grounds
that the investigation had been recently
initiated and the DCEC was concerned
that the potential witnesses could be
intimidated by the corrupt officials involved in the case. “The matter in fact
is a fresh matter that the DCEC is investigating. DCEC is worried because the
Chitube article alerted some corrupt
characters that we are still investigating.
It has also exposed the potential witnesses which could now be intimidated
by the corrupt fellows we are after,” said
the source.

So This is Democracy? 2015

21

Select target paragraph3