NBB chairman, Dr Masego Mpotokwane has since sent a letter to broadcasting stations withdrawing the code. The letter says NBB "had the wrong understanding that the code was enforceable because we submitted it to the ministry for regularising on November 25, 2008 followed by several reminders. On August 13, 2009, the minister, the NBB chairman and a board (NBB) member addressed Parliament Caucus on the code, which was due to be implemented this year". Mpotokwane says that at a meeting between the communications ministry and NBB on September 23, 2009, "nobody raised the issue of the code being not legally enforceable. Under the circumstances described above, the NBB regrets to inform you that the code cannot be enforced. The NBB apologises unreservedly for the inconvenience to your preparations for the elections period in whatever manner". The letter states that the Broadcasting Act gives Venson-Moitoi, as Minister of Communications, the prerogative of incorporating the code into regulations.
The NBB recently faulted the government Department of Broadcasting Services for airing a full statement by President Ian Khama on the problems facing the ruling Botswana Democratic Party (BDP). However, Venson-Moitoi entered the fray by firing a letter to NBB to the effect the code has no legal force. The minister said thatthough the Botswana Television and Radio Botswana are prepared to respect the regulatory authority of the NBB and work within its code for broadcasters during elections "...notwithstanding the fact that it is our understanding that said code does not have the legal standing of a 'Code of Practice' as provided for in Sections 21 and 23 of the Broadcasting Act, that is to say that the code has not been incorporated into any regulations prescribing what broadcasting bodies may or may not do".
