14 Apr 2020

Acting Magistrate - Regional South, Goodwill Makofi on April 14 remanded in custody Justice Motlhabane, Letsogile Barupi and Oratile Dikologang, who are accused of publishing false information with the intent of deceiving the public.

After an extensive argument from defence lawyers Biggie Butale and Kagisano Tamocha in favour of bail, as well as state counsels Omphemetse Makale and Wedu Mbongwe, Magistrate Makofi decided to remand the trio in custody for a seven-day period until the next hearing set for April 21.

The recently arrested trio, Motlhabane, 36, a well known former Big Brother Africa housemate, political activist and centre manager at a college based in Palapye; Letsogile Barupi, a 28-year-old University of Botswana student and Oratile Dikologang, 34-year-old teacher at Takatokwane Primary School, were furnished with a charge sheet, which Makofi read out in court.

They are accused on four counts; the first two being that of publishing statements with intention to deceive persons about COVID-19 infection, contrary to Regulation 31 (3C) of the Emergency Powers Act of 2020, and a further two counts of the use of offensive electronic communication, contrary to Section 18 of the Cyber Crime and Computer Related Act of 2018.

The particulars of the first offence is that the three acted in concert on April 6 this year, to publish an article on the Botswana Trending News Facebook page, with the intention to deceive readers of the real intention of the measures taken by government in addressing COVID-19. 

The article insinuated that President Dr Mokgweetsi Masisi would pay P12 million to each Botswana Democratic Party (BDP) Member of Parliament (MP) in order for them to support the State of Emergency.

The second count is owing to an article also published in the same Facebook page on April 6, titled ‘Possible War Looming In Botswana As Masisi Forces To Implement State of Emergency’.

Another Botswana Trending News article of March 22, accounts for the third count, with the article in question having alleged that the country was hiding coronavirus cases in order to avoid unrest among citizens.

The fourth offence emanates from another article in the same Facebook page, titled, ‘DCEC Boss Living In Fear as the DIS Plan to Eliminate P100 billion Mastermind’.

Messrs Butale and Tamocha had initially tried to argue that the state had not sufficiently proved that the case was urgent, since the State of Public Emergency regulation stipulate that only urgent cases be heard, with such urgency being determined by the Chief Justice.

In motivating their bail application, they said their clients were first time offenders who posed no flight risk, and that in the era of COVID-19 transmission, it would be better for the trio to await trail outside jail, as they had not yet been tested for the virus, and would be interacting with prisoners whose status was also unknown.

The state argued that the offences committed were of a very serious nature, and that as the prosecution, they needed seven to 14 days to carry out full investigations without the accused having the opportunity to tamper with the investigations.

Magistrate Makofi resolved that the three be kept in custody for a seven-day period for the state to carry out their investigations unhindered until the next mention on April 21. ENDS