an appeal with the Appeals Committee in writing,
which appeal shall be filed within 30 days after the
decision was made.
With regards to offences and penalties, the law
notes that a prosecution for an offence under this
Act shall not be instituted except with the consent
of the Director of Public Prosecutions. Such offences
as noted in Clause 60 include a failure or refusal
to comply with a decision made in terms of the
Act; obstruction or hindering any person in the
exercise of their powers in terms of the Act and also
furnishing information or making a statement to the
Complaints Committee or the Appeals Committee
knowing it to be false which a person knows to be
false or misleading.
The Minister may, in consultation with the
Association also make provisions or regulations
related to any other matter intended to safeguard
the interests of the public and promote professional
standards in the media or any other issue necessary
for facilitating the enforcement of the Act.

CONCLUSION
From the above analysis, it can be noted that there
are progressive elements in this proposed piece of
legislation. There are also gaps to be addressed for
example with regards to membership fees, required
qualifications for a person to be an Executive
Director of the Association, the development of
a Code of Ethics, the timelines and percentage of
contribution to the Media Fund and also procedures
for the determination of disputes.
It is prudent to flag that any fees for registration
should not act as a deterrent for media practitioners
and institutions to undertake their constitutional
duties.
Further, decentralisation of the Association will
also be key to facilitate the ease of registration by
media practitioners throughout the different parts
of the country including rural and marginalised
communities.
Where efforts will be made to address some of the
noted gaps, it will be critical for the Association to
consult with its members.

Analysis of the Botswana Media Practitioners’ Association Bill, 2022

6

Select target paragraph3