(MISA/IFEX) – On 29 November 2002, Candy Ratabana Ramainoane, editor and owner of the weekly tabloid newspaper “MoAfrika”, appeared before the High Court of Lesotho in response to a court order requesting that he explain why he should not be ordered to remove an announcement that appears in the top right-hand corner of every issue […]
(MISA/IFEX) – On 29 November 2002, Candy Ratabana Ramainoane, editor and owner of the weekly tabloid newspaper “MoAfrika”, appeared before the High Court of Lesotho in response to a court order requesting that he explain why he should not be ordered to remove an announcement that appears in the top right-hand corner of every issue of his newspaper.
Translated into English, the announcement reads “Ntsu Mokhehle and P.B. Mosisili, who assassinated S.M. Baholo 434 [the number rises by one every week; “434” is from one particular issue of the newspaper] weeks ago, on April 14, 1994? (The killers of Selometsi Baholo have still not been arrested nor prosecuted)”.
High Court Judge Semapo Peete issued the order on the grounds that the matter is now before the courts and therefore may not be discussed publicly. 25 members of the Lesotho Defence Force (LDF) were arrested in 1999 and are currently on trial for the murder of former deputy prime minister Selometsi Baholo. Judge Peete, who is also hearing the case of the accused killers, argues that the latter part of the newspaper notice is therefore no longer true.
Ramainoane’s defence is two-pronged. His first line of argument is that the order is an infringement of Article 14 of the Lesotho Constitution, which guarantees freedom of expression. The article has been interpreted to mean that freedom of the press from both government and judicial control is more important than the particular case in question.
The second line of argument revolves around the media’s role as a public watchdog in a democracy. Ramainoane’s lawyer argued that the publication of the contentious announcement predates the LDF members’ arrest and trial by at least eight years. Therefore, it is invalid to argue that the text was written and published with any intention to interfere with or comment on the trial that is now underway. According to Ramainoane’s lawyer, the announcement is a running commentary on a matter of public importance that the authorities have failed to address for far too long.
MISA’s Lesotho chapter (Miles) believes that although Judge Peete may disapprove of the “MoAfrika” item, the newspaper has the right to inform the public in any manner it chooses, provided it is ethical and not libellous. According to Miles, “MoAfrika” is exercising its right to press freedom and free expression in running the announcement, and is doing nothing wrong.
Background Information
P.B. Mosisili is the country’s current prime minister. The late Ntsu Mokhehle held the post from 1993 to 1998. Baholo was deputy prime minister when he died.
It has long been known that LDF members killed Baholo. A group of heavily armed soldiers surrounded Baholo’s house on the morning of 14 April 1994. Neighbours and passers-by heard gunfire, and Baholo was later reported dead from gunshot wounds. The announcement in “MoAfrika” is directed to Mokhehle and Mosisili because in Lesotho the prime minister is also minister of defence.
