(MISA/IFEX) – On 17 February 2003, High Court Judge Semapo Peete ruled in favour of the weekly Sesotho tabloid newspaper “MoAfrika”. “MoAfrika” editor Candi Ratabane Ramainoane was summoned to court to explain why he should not be ordered to remove an announcement that appears in the top right-hand corner of the front page of every […]
(MISA/IFEX) – On 17 February 2003, High Court Judge Semapo Peete ruled in favour of the weekly Sesotho tabloid newspaper “MoAfrika”. “MoAfrika” editor Candi Ratabane Ramainoane was summoned to court to explain why he should not be ordered to remove an announcement that appears in the top right-hand corner of the front page of every issue of his newspaper.
Judge Peete rejected the argument that the announcement dealt with a matter that was before the courts and therefore could not be discussed publicly. He added that although the High Court was the bulwark of the essential freedoms of Lesotho’s newly acquired democracy, the press did not have “carte blanche” to abuse the rule against commenting on cases before the courts without good cause and a true sense of responsibility. Peete ruled that the “MoAfrika” announcement was protected by Section 14 of the Constitution, which upholds freedom of expression and press freedom.
In late 2002, Judge Peete ordered Ramainoane to explain why he should not be ordered to remove an announcement in “MoAfrika” that says, “Ntsu Mokhehle and P.B. Mosisili, who assassinated S.M. Baholo [x] weeks ago, on April 14, 1994? The killers of Selometsi Baholo have still not been arrested nor prosecuted”. Twenty-five members of the Lesotho Defence Force (LDF) were arrested in 1999 in connection with Baholo’s murder. Ramainoane was summoned because Judge Peete was concerned that the “MoAfrika” announcement could therefore be considered to be commenting on a case that was before the courts.
Judge Peete’s 17 February ruling stressed that suspects are presumed innocent until proven guilty. Peete also ruled that the announcement, which had been published long before any arrests of suspects were made, refers directly to the assassins and not necessarily to the suspects who are currently standing trial.
MISA’s Lesotho chapter (Miles) hailed the ruling as a major victory for press freedom in Lesotho. Miles commended “MoAfrika” on its boldness and further praised Judge Peete for issuing an informed judgement, in conformity with the concepts of press freedom and freedom of expression.
Background Information
Mokhehle was the predecessor of current Prime Minister P.B. Mosisili. Baholo, who was deputy prime minister when he died, was assassinated by rebellious elements within the LDF.
“MoAfrika” was established in 1990. Soon after Baholo’s death, the newspaper began featuring the announcement in question, which lobbied for justice in the former deputy prime minister’s murder.
