has resulted in intimidation, threats and
litigation.

case dragged on through the courts and
was still pending at the end of 2017.

On 19 April, the Court of Appeal upheld
an earlier decision by the High Court
and turned down the application of a
teacher who had challenged his dismissal from employment on the grounds
that it violated his constitutional right to
freedom of expression.

It has been reported that before Mokone
was arrested, the Attorney General had
issued a letter labelled “Top Secret” demanding that the Sunday Standard retract the story and publish an apology in
its next edition or criminal proceedings
would be instituted against the newspaper, its editor and the journalist under
whose name the article had appeared.

The teacher was dismissed after he published an opinion piece in a newspaper
in May 2011 on the country’s political
situation, following a national strike by
public sector employees. In February
2012, a disciplinary hearing had found
the teacher guilty of contravening section 34(a) of the Public Service Act.3
From the onset President Khama has
been clear about his disdain for the media.
It is against this background that 2015,
as the year that spelt doom for MISA
Botswana in terms of funds and funding,
cast a long shadow of apathy among
media practitioners, much to the joy of
the enemies of freedom of expression.

PRINT MEDIA
One of the most prominent cases in
2017 was that of the popularly known
‘Sedition Case’ against the editor of the
Sunday Standard newspaper, Outsa
Mokone. He was first arrested in September 2014 on charges of sedition
arising from a story carried in the newspaper’s edition of 13 August 2014 titled
“President hit in car accident while driving alone at night.’ The story also carried
a statement by government spokesman
Jeff Ramsay denying that the President
had been in the car but confirming that
a presidential vehicle was involved. The
3 Amnesty International Report 2017/2018

32

So This is Democracy? 2017

The newspaper was given five days
within which to retract and apologise
for the story, but the police had already
obtained a warrant of arrest against
Mokone on the day that the demand for
the retraction and the apology had been
requested. Mokone was arrested on 8
September upon his return from South
Africa where he had gone to visit his
family.
Mokone’s lawyers subsequently sought
their client’s release before the High
Court where proceedings gave rise to
constitutional issues on three grounds
that 1. Mokone had been unlawfully arrested. 2. He had been denied access to
his lawyers during his detention. 3. As a
criminal offence, sedition violated Section 12 of the Constitution of Botswana
that protects freedom of expression, and
by extension, of the media.
The difficulty with this matter is that
while it was certainly the most positive
turn of events since 2014, Mokone’s
could be a temporary respite in that he
gained his escape only on the technical grounds that the Penal Code required the State to charge him within
six months and was unlikely to proceed
with the matter because the stipulated
period had lapsed.
Significantly, the court did not deal
with the crucial matter of whether se-

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