10 Oct 2024

Village Magistrate Court Chief Magistrate, Mr Daniel Nkau has referred to the High Court a case in which the director of Moeladilotlhoko News Boiler, Mr Tshepo Sethibe is challenging the constitutionality of his arrest two years ago.

Mr Nkau referred the matter to the High Court on Wednesday during the case status hearing. The state had previously applied to withdraw the charges, while Mr Sethibe had applied for the matter to be referred to the High Court in order for him to challenge the section used to arrest him.

“This matter is withdrawn without prejudice, but referred back to the High Court for constitutional challenge,” Magistrate Nkau said after the prosecutor, Ms Garetlwaelwe Mokhondo had said the state was withdrawing the charge against Sethibe.

Popularly known as Moeladilotlhoko, Mr Sethibe was facing a single charge of publishing alarming publications contrary to section 59 (1) of the Penal Code (CAP 08:01) laws of Botswana as read with section 33.

During the previous court appearance, Ms Mokhondo said investigations did not yield much information to support the charge, and that the state could not proceed with it.

However, Mr Sethibe’s attorney, Dr Obonye Jonas said his client was challenging the constitutionality of the clause used to arrest him, adding that the matter was before Maun High Court where it had been withdrawn as the court advised that the magistrate should refer the case to the High Court.

He pleaded with the Village Magistrate Court to refer the matter so as to allow his client to challenge the constitutionality of the charge, adding that his client’s work comprised publishing and that the charge would hinder his work.

Mr Sethibe was charged with publishing alarming information on his Facebook account on or about July 8 regarding the disappearance of Tlotso Karema.

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

Sethibe wants the High Court to declare section 59 (1) of the penal code, cap 08:01 be declared to be in violation of section 12(1) of the Constitution of Botswana. ENDS