07 Sep 2022

Moeladilotlhoko News Boiler director, Tshepo Sethibe has decided to challenge the legality of the charges he is facing.

His attorney, Dr Obonye Jonas on Tuesday told the chief magistrate, Mr Mareledi Dipate of Village court his client’s intention and further pleaded with him to allow the case before the High Court to be concluded before proceeding with the case before him.

“There has been a small development in the matter.

The accused has filed an application before the High Court challenging the legality of the charges he is facing,” Dr Jonas said.

Dr Jonas further requested Magistrate Dipate to allow the case before him to mention next year.

State prosecutor, Ms Galetlwaelwe Mokhondo acceded to the defence request that the matter be scheduled for next year, hence it was scheduled for April 20 next year.

Sethibe is charged with publishing alarming information on his Facebook page on or about July 8, regarding the Lobatse missing boy, Tlotso Karema.

This is contrary to section 59 (1) as read with section 33 of the penal code (CAP 08:01) laws of Botswana before the Village Magistrate Court.

He was alleged to have published words suggesting that there was deceitfulness in the manner the police handled the matter.

“Ka jaana ba sepodisi ba supa fa masalela a ngwana a a bonweng mo bekeng e ka di 6 July Wednesday, 22, a ya go kopanngwa le marapo a bonweng ka di 14 April 2022 morago ga two weeks mme a tshubiwe (cremation), ga go na phitlho ya ga Tlotso ka gore go dirwa boferefere, ” he is said to have stated.

Such words, according to the charge sheet, had the likelyhood to cause fear and alarm, contrary to section 59(1) of the laws of Botswana.

According to the draft order before Maun High Court, filed on September 5, Sethibe wants the court to order that section 51 (1) of the Penal Code, cap 08:01 be declared to be in violation of section 12(1) of the Constitution of Botswana.

He also wants section 59 (1) to be struck down and the respondent, being the attorney general and the director of public prosecutions respectively be directed to pay for the costs of the application. ENDS