Professor (sic) Malema, a journalist for the privately-owned newspaper “Botswana Guardian”, is currently under investigation by the Office of the Directorate on Corruption and Economic Crime (DCEC), which operates out of the Office of the President. Rodger Batty, Head of Prosecutions for the DCEC, confirmed that he is investigating Malema. He stated that his office […]
Professor (sic) Malema, a journalist for the privately-owned
newspaper “Botswana Guardian”, is currently under investigation
by the Office of the Directorate on Corruption and Economic Crime
(DCEC), which operates out of the Office of the President. Rodger
Batty, Head of Prosecutions for the DCEC, confirmed that he is
investigating Malema. He stated that his office decided to
investigate the journalist in terms of Section 44 of the 1994
Corruption and Economic Crime Act after Malema reported on an
unfinished inquiry by the DCEC. (Section 44 prohibits any
publication of information on an investigation still underway.)
Batty would not say more on the matter, as that would constitute
a further breach of Section 44. “And if you publish anything
about the journalist as being investigated, you are breaking the
laws in Botswana,” Batty warned MISA.
In the 28 July 1995 edition of the “Botswana Guardian”, Malema
reported on an inquiry by the DCEC into opposition party
councillors who allegedly misappropriated government funds.
Malema stated that, on 11 September 1995, he received a letter
from the DCEC warning him that he could be charged for publishing
the inquiry report. Malema said that later the same day he was
summoned to appear before Batty. On 29 February 1996, the DCEC
again wrote to Malema advising him and the editor of the
newspaper, Joel Sebonego, that they would be charged under
Section 44. “Will you therefore please note that if I do not
receive a response as to whether you and Mr. Sebonego are willing
to accept an official caution for the alleged offence committed
by the 14th March, 1996, the matter will be referred back to the
Attorney General’s Chambers with a view to prosecution,” the
letter stated. Malema said that the DCEC was also wanted the
newspaper to apologise, but said that “[o]ur newspaper could not
apologise for what is factual.”
Malema said that if the DCEC succeeds in the matter, he could be
either sentenced to five years’ imprisonment or fined Botswana
Pula 10 000 (US$ 3,000 ), or both.
Section 44 of the Corruption and Economic Crime 1994 requires
anyone charged under this section to hand over to a specially
appointed Directorate Office all books, documents, and computer
files “relating to the functions of any public or private body.”
It also requires that those charged under this section to name
their source of information. When Parliament introduced this law
in 1994, journalists feared the authorities might use it to
confiscate documents and information from the media, and to force
journalists to reveal their sources.
Appeals To
