that cannot be seized. But the essential
criticism of this law is that while the National Assembly reigns supreme in the
enactment of laws for the peace, order
and governance of the country, the National Assembly could never hold supreme in flouting the Constitution of the
republic.
To underscore this point, attorney Gosego Lekgowe wrote in an analysis of
the law published in Mmegi in March
2009 that although civil liberties are not
ranked in the country’s Constitution, it
is widely understood in Botswana that
media freedom is among “the most precious of all protected freedoms (because)
it lies at the very foundation of a democratic society and must be jealously
guarded by the courts”. He emphasized
the point that unhindered expression of
opinion is the mark of democracy “even
if those opinions disturb and offend”.
Another contentious requirement of
the MPA’s concerns professionalism of
journalism. In his analysis of the MPA
attorney Lekgowe concludes that the
MPA seeks to impose professionalism in
order to restrict access to journalism and
maintain a stranglehold on journalists.
“Parliament does not have a constitutional mandate to impel professionalism
on journalists,” Legowe wrote. “Only a
court wrapped with executive-minded
judges (would) hold otherwise.”
While deployment of public relations
officers to all departments of state was
hailed as a welcome development
several years ago, there is a serious snag
in that these characters act more like
‘public prevention officers’ because
they are either too ignorant to be of
any use or impede access to people
with the information sought. At best,
they demand written questions even
though complying is no guarantee that

the questions will be answered. The
result is that in the continued absence of
freedom of information legislation, the
right to know is compromised because
nothing can be done to compel PROs to
act appropriately.

LOOKING FORWARD TO 2018
This is difficult to assess. The next president, who will assume office on 1 April
this year, has the appearance of a liberal and has been consulting robustly
with stakeholders, including the trade
unions. However, this could be misleading because Vice President Mokgweetsi
Masisi has also been at the forefront of
marginalising the political opposition
by almost any means necessary. He has
also been heard in leaked secret recordings plotting against the private media.
Even so, the large body of opinion is that
his should be a much better administration, if only because all he will have to
do is reverse some of his predecessor’s
insufferable policies.

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