The IPI global network reiterates its call on Botswana authorities to shore up protections for press freedom after two journalists were recently arbitrarily arrested and detained for several hours before being released.

According to the Media Institute for Southern Africa (MISA) Botswana, on July 20, Ryder Gabathuse and Innocent Selatlhwa, who work with the privately owned newspaper Mmegi, based in Gaborone, the capital city of Botswana, were arrested and detained by Botswana’s Directorate of Intelligence and Security (DIS). 

In addition to the arrest, DIS also confiscated the journalists’ work equipment. The mobile phone, iPad, and laptop of journalist Innocent Selatlhwa remain in DIS custody despite the release of the journalist.

Gabathuse told IPI that on July 22, the director general of the DIS, Peter Magosi, had a meeting with them and apologized for their arrest by his investigators. Gabathuse added that the whole investigation has been halted and the confiscated work equipment would be replaced by new ones.

At the time of arrest and detention, the journalists were not notified clearly of the reasons behind their arrest and detention, and the charges leveled against them.

‘’ They (DIS) did not say exactly what the charge or charges are’’, Gabathuse told IPI. ‘’Allegations are that we used a secret intelligence agency document in one of our stories. Which is not true. I see the whole thing as simply abuse of processes’’.

It is believed that the arrest and detention were linked to a story published by the newspaper in which it suggested that the DIS is “running on fumes”.

‘’There was no doubt that the manner of the arrest was intended to send a chilling effect on the victims and the media in general. It did, as it sent shockwaves and panic among the press”, Thomas T. Nkhoma, the chairman of MISA Botswana, told IPI. ‘’Following the media industry and members of public outrage and uproar, the two were released and the DIS extended an apology and offered to issue a public statement on the regrettable turn of events.’’

He added: ‘’We are hopeful that the public apology will go a long way to build better relations between the security personnel and the media’’.

Previous harassment of journalists in Botswana

This is not the first time the Botswana state intelligence unit has harassed journalists working in Botswana. In July 2019, the authorities deployed technology from the Israeli company Cellebrite to search Mmegi journalist Tsaone Basimanebotlhe’s telephone and computers.

In July 2022, Moeladilothloko News Boiler director Tshepo Sethibe was arrested at home, in Mogoditshane, north-west of Gaborone, and charged with publishing ‘’alarming statements”’ under section 59 (1) of Botswana Penal Code. His arrest and accusation followed a publication on Facebook in which he criticized the police in Lobatse in an incident involving the murder of a child. The police then also confiscated two laptops, three cell phones, and a desktop computer.

IPI mission called for further protections for journalism

In August 2022, an IPI-led high-level delegation visited Botswana and concluded that “while there is space for critical media and independent journalism in Botswana, and while recent media law reforms have been seen positively by the media community, further reforms and improvements are needed to strengthen the environment for press freedom and to ensure that all media in the country can operate free of political and government interference”.

The recommendations to Botswana authorities included a call for close monitoring and reforms on the unlawful seizure of journalists’ equipment and the expansive government intelligence apparatus and powers. 

The recent arrest and detention of Mmegi journalists, and the confiscation of their work equipment constitutes a violation of Sections 9 and 12 of the Constitution of Botswana, which bestows upon every person the right to privacy and freedom of expression. The confiscation of a journalist’s gadgets undermines these rights and also interferes with the confidentiality of the journalist’s sources. This is worrying in light of the several growing threats faced by journalists, among them digital surveillance.

These include that in February 2022, the Botswana government sought to pass an expansive surveillance bill, the Criminal Procedure and Evidence (Controlled Investigations) Bill.

“ Botswana authorities must reaffirm their commitment to respecting and upholding press freedom’,’ said IPI Director of Advocacy Amy BrouilletteState Intelligence and security units must not abuse their authority by unjustifiably and unlawfully arresting and detaining journalists in response to their work.”

She added: “While we welcome the DIS’s apology and gesture to replace the confiscated work equipment with new ones, authorities should ensure that there is a systemic change to prevent such incidents from occurring in the future and prevent a culture of surveillance of journalists. Journalists’ right to do their work free from harassment as well as source protection must be fully upheld.”

We urge the authorities to desist from the culture of surveillance of journalists and respect the right to privacy.