May 2018. has been criticised for the lack of inclusive consultations. In this judgement, the Constitutional Court declared the offence of criminal defamation unconstitutional with a retrospective effect. (13) Furthermore, the Bill in its current form criminalises whistleblowing — so journalists and citizens who provide information on malfeasance — will face jail time, or a fine of M5 million (USD 282,000) or both, under this impending law. (16) This makes it impossible for journalists to hold the government accountable. This ruling came about as a result of a specific case involving the then commander of the Lesotho Defence Force (LDF) and Basildon Peta, the owner and publisher of the weekly newspaper Lesotho Times. Much of journalists’ hope in Lesotho concerning the Computer Crimes and Cyber Security Bill 2021, is on the Omnibus Bill 2021 court ruling, that it sets precedence to any attempts to reinstate Bills that were not passed by past parliaments. (17) The commander had accused Peta of criminal defamation following the publication of a satirical column about him in 2016. The court’s decision to declare criminal defamation unconstitutional was significant. It highlighted the repressive consequences that criminalising defamation can have on journalistic freedom of expression. The enactment of the Omnibus Bill persists in its delay beyond the 2022 elections in Lesotho, with the government and opposition parties in an impasse. By criminalising defamation, journalists may feel pressured to self-censor in their work, fearing legal repercussions. In an urgent attempt to pass the Omnibus Bill after a visit by the Southern African Development Community (SADC) Oversight Committee, led by Jakaya Kikwete, former president of Tanzania and chairman of the panel, in July 2023, the National Assembly summoned members to an extraordinary session on 14 August 2023 as stated in the circular. This, in turn, can limit the flow of information to the public and hinder their ability to stay informed. The court’s ruling emphasised the importance of protecting journalistic freedom of expression and ensuring that journalists can operate without fear of criminal charges for defamation. This session deliberated on the 11th Amendment to the Constitutional Bill, 2022. The amendments under consideration include the long-anticipated media reforms that are essential for the freedom of journalists in Lesotho and public access to information. By doing so, it promotes a more open and informed society where the media can play a vital role in holding those in power accountable. The Computer Crimes and Cyber Security Bill comes on the back of the government’s concern over journalists’ ability to access classified information, exposing wrongdoing, and holding those in positions of power accountable. (14) MISA Lesotho chairperson Kananelo Boloetse addressed the matter in writing, expressing the national media advocacy group’s determination to take action in defence of constitutional principles and the rule of law. In the analysis of their survey — Unpacking Potential Threats to Investigative Journalism In The Era Of Cybersecurity Laws, the MNN Centre for Investigative Journalism in Lesotho pointed out that journalists are demanding the deletion of six specific clauses in the Computer Crime and Cybersecurity Bill, 2023. The statement read: “In light of recent developments concerning the reinstatement of dead parliamentary business, we have decided to file a constitutional application challenging the constitutionality of the standing order that grants the National Assembly the power to revive inactive legislative matters.” (18) The MNNCIJ went on to say: the “passing of the Bill in its current form will be the final nail in the coffin in creating an environment where journalists will self-censor and not investigate and publish evidence-based exposés that help the public to make informed decisions.” (15) The MISA chairperson noted that the media, as the Fourth Estate, is a guardian of democratic ideals, ensuring transparency, and accountability, thus the decision to challenge the standing order, stemming from the firm belief in the vital role that media plays in upholding constitutionalism and the rule of law within our society. The Bill has been deemed as draconian by journalists, and aimed at criminalising investigative journalism, while the process STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2023 40