The two, Beauty Mokoba and Keketso Seofela, had argued that they qualified for "sovereign immunity" as they had been arrested while working on a project on behalf of the government of Botswana.

Plumtree magistrate, Mark Dziva, dismissed the application and the two journalists who work for Botswana Television (Btv), will appear for trial on November 7.

A lawyer representing the journalists, Kucaca Phulu, immediately attacked the ruling saying the magistrate had erred in arriving at the verdict as his clients had not applied for "diplomatic immunity" as hinted by the magistrate.

"The magistrate dismissed my client's application after arguing that the two journalists were not employed by the Botswana embassy and did not therefore qualify for diplomatic immunity but the application by my clients was for a discharge on sovereign immunity and not diplomatic immunity," Phulu said.

The two journalists were arrested last May in Plumtree near the Botswana border after they entered the country to cover a story on the outbreak of foot-and-mouth disease and suspected cases of cattle rustling between the two countries.

They are being charged with violating the tough Access to Information and Protection of Privacy Act (AIPPA), which bars journalists from practising their profession without first seeking accreditation from the state's Media and Information Commission.

If convicted, the journalists who are out on Z$4 million bail, face up to two years in jail or a fine of $20,000 or both. (ZimOnline)