22 Jul 2020

Acting Gaborone Regional Magistrate, Ms Batho Kgerethwa of Village Magistrate Court in Gaborone recently sentenced George Balebetse to a fine P5 000 or a prison sentence of six months, in default of payment, for each of the two counts.

Balebetse was found guilty on two counts of use of offensive electronic communication to insult the current and former heads of state, contrary to section 18 of the Cyber-crime and Computer Related Crime Act.

Ms Kgerethwa said in the event he defaults in paying the P10 000 fine, Balebetse would be liable to six months’ incarceration for each of the two counts and the jail terms would run concurrently.

Over and above the P10 000 fine, he was sentenced to serve another six months’ imprisonment, which was wholly suspended on condition that he did not commit an offence of a similar nature in the next five years from the day of sentencing. 

He was reminded of his right to appeal the sentence to the high court within 14 days from the day of sentencing.

Particulars of the offence are that Balebetse, a resident of Mmopane Block 1, on or about November 18, 2019 while in South Africa, willfully and maliciously used electronic communication; Facebook messenger, to send an offensive message to one, Eric Seabelo, which was directed at the current Head of State.

 The electronic communication was offensive in nature and was not intended for any legitimate communication and thereby disturbing the peace and quiet of Eric Seabelo.

On the second count, Balebetse was said to have on December 3, 2019, while in South Africa, willfully and unlawfully via social media website - Youth of Botswana page, shared offensive communication directed at current President and Former President.

In passing the sentence, Ms Kgerethwa took into consideration Balebetse’s mitigation submissions, that he had requested for forgiveness for insulting the current and former heads of state.

He stated in mitigation that people tried to reprimand and scold him for insulting elderly people and that he has learnt that what he did was of no benefit.

Balebetse also informed the court in mitigation that since his arrest and remand in prison for the past seven months, his life had been negatively affected.

Magistrate Kgerethwa said the court took into consideration that he had vowed to never again commit such an offence.

 “His wife passed away in 2015 and his two children, doing Form 5 and Form 1, are dependent on him,” she said.

The court also observed that Balebetse had three previous convictions with the latest dating back to 1993 and that they were not related to the current charge.

“The court will take into consideration, the period that had elapsed since the last offence as it was a sign that Balebetse tried by all means to rehabilitate himself,” said Ms Kgerethwa.

She also indicated that a sentence must not break a wrongdoer, but rather rehabilitate and aid them, as well as be a deterrent to the perpetrator and the general citizenry.

Looking at the facts of the matter, she said the insults were not directed to an ordinary citizen, but the Head of State, and therefore such an offence will not be taken lightly, as doing so will be promoting a nation without culture.

She said an appropriate sentence will deter people from insulting the Head of State. ENDS