SECTOR 2

2.5 Adequate competition legislation/regulation seeks
to prevent media concentration and monopolies.
Before the establishment of the Competition Authority under the Competition
Act of 2009, uncertainty regarding competition legislation and regulations
prevailed and therefore, cross-ownership was not uncommon.
The Competition Authority was created ‘to monitor, control and prohibit anticompetitive trade or business practices in the economy of Botswana.’19
In a decision taken in February 2017 concerning shares in Mmegi Investment
Holdings (MIH), the Competition Authority determined that Seyed Jamali,
owner of Duma FM, had to dispose of his 28.73%20 share in MIH to prevent the
lessening of competition in the media market. A deadline was set in 2017, until
which Jamali was required to disinvest his shares in MIH. This time limitation has
long elapsed: Jamali is currently still holding onto his shares.
Even when decisions are made, the follow-through is inadequate: ‘I don’t know
what is wrong with implementation.’

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

✓✓✓
✓

✓

✓✓✓✓

✓✓

3.3 (2005 = 1.2; 2007 = 1.1; 2009 = 1.0;
2011 = 1.9; 2014 = 3.0)

2.6 Government promotes a diverse media landscape
with economically sustainable and independent
media outlets.
Government does not promote a diverse media landscape, let alone economically
incentivise the growth of media houses.
‘In 1998 we advocated for and succeeded in passing the Broadcasting Act of
1998, which in 2012 was scrapped. It was replaced with the Communications
19 http://www.competitionauthority.co.bw/.
20 http://www.thepatriot.co.bw/news/item/3784-competition-authority-blocks-jamali%E2%80%99s-acquisition-of-mmegi.
html.

AFRICAN MEDIA BAROMETER BOTSWANA 2018

29

Select target paragraph3