PRESS STATEMENT ON FREEDOM OF EXPRESSION

HIGH COURT PROTECTS FREEDOM OF EXPRESSION

DITSHWANELO – The Botswana Centre for Human Rights seeks to commend the High Court for protecting the freedom of expression.

Judge Lesetedi ruled on Monday 17 September 2001 that a decision by The President of Botswana, Festus Mogae, was unconstitutional because it infringed the freedom of expression. The President had ordered that all Government Ministries/Departments, Parastatals and Private Companies in which the Government is a shareholder, withdraw advertising from the Botswana Guardian and The Midweek Sun newspapers.

The two papers had challenged the directive on two grounds. The first ground was that it infringed their freedom of expression and was therefore unconstitutional. They therefore sought to have the directive declared invalid. Secondly, the newspapers sought that the actual directive be reviewed and set aside.

Judge Lesetedi has ordered that the directive should be suspended while awaiting the outcome of the review.

In May this year, DITSHWANELO had stated that the action of the Botswana Government was a serious threat to freedom of information and expression. We believe that the courts have a critical role to play in the safeguarding of human rights.

Of concern is the fact that The Permanent Secretary to the President Mr Molosiwa Selepeng had, prior to the matter going to court, cited the fact that `government did not have money’ as the reason for the directive. However, in his affidavit, he states that `The real reason ….was… to demonstrate Government’s displeasure at irresponsible reporting and the exceeding of editorial freedom’.

In May this year, DITSHWANELO had questioned whether the advertising had been withdrawn because of the recent newspaper articles, which had been critical of actions of senior government officials. Mr Selepeng’s contradictory statements suggest a disturbing non-transparent decision-making process within government.

While DITSHWANELO welcomes the High Court decision, it nevertheless seeks to reiterate that accountability and transparency are critical elements for the functioning of a democratic government. In the absence of these, arbitrary decision-making, a characteristic of autocratic governance, risks becoming a hallmark of our government.

20 September 2001
Gaborone