Mokone case resumes today
Oarabile Mosikare | Friday November 28, 2014 17:54
Mokone was arrested on September 8, 2014 and charged with sedition, a section 50 and 51 colonial era law under the Penal Code. Mokone was arrested for the story, which the Commissioner of Police, Keabetswe Makgophe felt was seditious. His colleague senior journalist at the Weekender, Edgar Tsimane, fled the country and sought political asylum in South African. He was granted temporary asylum up to the day of the general elections, October 24, 2014.
When Mokone appeared at the High Court on September 9, his lawyers and the prosecutors reached an out of court order, agreed before Justice Lesetedi. His attorney Duma Boko submitted that the applicant be released from custody and that the respondents should not execute and implement the warrant of arrest issued on September 2, 2014 by the Gaborone chief magistrate for the editor’s apprehension.
“The respondents shall not apply for any further warrants of arrest against the applicant based on facts similar in nature to those founding the warrant aforesaid pending finalisation of this application,” said Boko. He also said a rule nisi was issued calling upon the respondent to show cause why the warrant of arrest issued by the chief magistrate for the apprehension of Mokone was unlawful.
He submitted that the respondent must show cause why the order should not be made declaring that the provisions of Section 50 and 51 of the Penal Code are contrary to Section 12 of the Constitution of Botswana that they infringe on the right to freedom of expression. Pending the finalisation of this application, the state was ordered not to institute any criminal proceedings against Mokone based on facts similar in nature to those founding the warrant aforesaid. Boko, Dick Bayford, Joao Salbany and Mboki Chilisa represent Mokone while acting Attorney General Nchunga Nchunga appears for the respondents.