But after the state prosecution led by Wesson Manchwe asked for the charge sheet to be read to the accused, magistrate Gabanagae said that he is recusing himself from the case. “I am recusing myself from the case. The accused is well known to me. We attended school together and we come from the same hood,” he said.
He stated that the case has now been assigned to Broadhurst Chief Magistrate Faith Ngandu to preside over on Friday December 16, 2016. Mokone’s latest charges were prompted by his arrest in 2014 after his newspaper published a story claiming President Ian Khama was involved in a car accident. But his lawyers have been fighting to stay his prosecution. They argued that Sections 50 and 51 of the Constitution are contrary to Section 12 of the Constitution of Botswana as they infringe on the right to freedom of expression. However in August, Lobatse acting High Court Judge Jennifer Dube ruled that Sections 50 and 51 (sedition) of the Penal Code are consistent with the Constitution of Botswana. Dube said Sections 50 and 51 outlaws any “intention to bring into hatred or contempt, or to excite disaffection against the person of the President or the Government of Botswana as established by law,” while Section 12 deals with the right to freedom of expression.
