Botswana
dition laws violate the Constitution. It
also found that the Station Commander
had not been unreasonable when he
refused the lawyers access to Mokone
when they returned from buying him
food. The court therefore dismissed the
claim that legal representation was refused on the basis that although access
to his lawyers was delayed (by no less
than 24 hours, according to Mokone)
he was nonetheless granted permission
to see them. Pointedly, the court agreed
with the uncontested evidence of the
Commissioner of Police that the Sunday
Standard story was defamatory.

delivered on 2 February this year, constitutes “an injudicious and unwarranted
attack on the Sunday Standard and its
Editor Outsa Mokone”.
As only the second person to be prosecuted under sedition laws in the history
of Botswana (the first was a Radio Botswana journalist named Samuel Mbaiwa in the 1980s), there is an assumption that the authorities’ harassment of
Mokone is politically motivated. The
charges followed the Sunday Standard’s
involvement in a number of investigative articles revealing the government’s
complicity in corrupt activities.
Quoting Mokone, the Civicus State of
Civil Society Report 2018 clarifies:

The gradual shrinking
of media freedom,
freedom of expression
and lack of access
to information was
subtle and languid and
comes down to the
conflation of power in
the Executive.

A lot of money had been siphoned
off through the Intelligence
Services. They simply do not have
to account for it. They were giving
tenders to themselves and friends
and family. We ran a number of
stories. Around the same time
the Directorate on Corruption
and Economic Crime (DCEC)
was investigating the head of the
Intelligence and we were able to
get hold of the docket and started
running the investigation. The
DCEC went to court to stop us (...).

In this saga, not least significant is the
fact that the author of the story, Edgar
Tsimane, remains in exile in South Africa where he has been granted temporary asylum.

In a separate incident, the Organised
Crime and Corruption Reporting (OCCRP) project in March 2017 in a statement detail how the Botswana Intelligence Service “briefly detained three
journalists as they were heading to one
of President Ian Khama’s private residences to determine whether or not he
was using public funds for renovations”.

It is for these reasons that in the opinion of a lawyer who works closely with
MISA Botswana, the judgment of Justice
Brand of the Court of Appeal, which was

The journalists - Ntibinyane Ntibinyane,
Joel Konopo and Kaombona Kanani were following the lead on a story that
the president was using military and

So This is Democracy? 2017

33

Select target paragraph3