While this may be standard in a democracy, it so happens that in practice state officials usually
act in ways that are in conflict with this spirit, and it would be, a very naïve private press that
will live in the comfort of assurances as given by the Minister and expend less energies on
efforts to promote true press freedoms.
There was not much activity on the judicial front, although two cases merits specific mention.
In the case of the former Deputy Attorney General, Abednego Tafa and the newspaper Mmegi,
the former sued the latter for damages for defamation, which was settled by agreement and
eventually made an order of court in May 2003. Between March and November 1999, Mmegi
carried a number of articles in which it was alleged that Mr Tafa had been involved in corrupt
dealings with a certain Nicholas Zakhem, a man who had confessed in court that he had bribed
several government officials. Mr. Tafa issued summons alleging defamation. The settlement
was by publication of an apology and retraction of the contents of the articles and payment of
Pula 225 000. This was the second case where such a large sum of money has been paid by a
private newspaper, the first being payment of Pula 225 000 to a High Court judge who had also
sued Mmegi for damages arising from defamation. These amounts are in no way insignificant,
and if this trend is maintained, papers risk closure, and this is all the more serious in an economy
where turnovers are generally low. It is even more disturbing to learn that there are more cases
of the same nature that are still to be decided, one of the pending ones, being the case of Mr.
(Justice) Phumaphi against The Voice, an independent weekly.
So This Is Democracy? 2003

24

Media Institute of Southern Africa

BOTSWANA
LESOTHO
MALAWI
MOZAMBIQUE
NAMIBIA

This renewed concerns about the government’s position and desire to control the private press.
In an effort to placate those concerned, the Minister “re affirmed” that government fully appreciates the potential of the domestic press as a key partner in development. He congratulated the
paper “for playing a positive role in the development of our country. In enlightening Batswana
and in providing information and, indeed, in exposing certain misdemeanours in our society,
The Guardian has performed the function of a partner in development and the consolidation of
democracy.”

SOUTH AFRICA

This statement is quite loaded in that it suggests that Government has its own set standards and
anything outside of this would constitute a violation and deserve censure and that the state is
implicitly prescribing a particular manner of reportage.

SWAZILAND

“This does not mean that we will not criticize any newspaper or broadcaster that engaged in
false or abusive reporting, or otherwise falls short of what we would consider to be the minimum ethics and standards of the profession. In this regard our concern is not a question of
what topics you report on, but rather how you go about reporting them.”

TANZANIA

On 22 October 2003 The Botswana Guardian celebrated its 21st anniversary. In a speech
delivered at the occasion, the Minister for Presidential Affairs and Public Administration, the
Honourable D.K. Kwelagobe accused the paper of sometimes being “a bit too creative with the
truth”. He cited the tendency to fabricate issues with a view to good sales and of carrying
headlines that are “there for no other reason than to boost circulation through the old scam and
switch.” While dispelling any suggestion that Government had a desire to control and censor
the private press, and dismissing such suggestions as baseless, he said:

ZIMBABWE ZAMBIA

The motivation behind the split was given that the original department had become too big,
was becoming less effective in its portfolio responsibilities and less focused. As the two departments enjoy some apparent specialities in terms of focus, it is believed that the discharge
of their functions and responsibilities will be more efficient and conducive to better service
delivery.

ANGOLA

State of the media in Southern Africa - 2003

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