Connect with us
Advertisement

1000 likes, 1000 comments equals P100 000 fine

Had Phagenyane Phage made his tribalistic “joke” by means of a computer or computer system a few months from now, he would have attracted the wrath of clause 22 under the proposed Cybercrime and Computer related Crimes Act and would be facing a possible two years in prison and a P40 000 fine!

This is how serious Minister of Justice Defence and Security, Shaw Kgathi’s proposed law looks from plain view. The only difference is that the Botswana Congress Party (BCP) activist made the controversial statement at a political rally – the price he is paying now is rebuke and ridicule. He would probably escape because he is not on social media, especially facebook. The specific clause reads: “A person who, by means of a computer or a computer system, insults another person on the basis of race, colour, descent, nationality, ethnic origin, tribe or religion commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or to both.”

Mr Shine Namane of Lentswe La Batswapong through a statement in part expressed thus: “The specific utterances were “… ko ga Mmangwato ha go thokafete kgosi, ha gonwe re hira Motswapong gore atle go lela, a bidikame go dira bohutsana mo lwapeng leo…” We find Mr. Phagenyana’ remarks dehumanising, irresponsible, insensitive, divisive and infringing on the constitution of the Republic of Botswana, especially that they were uttered by a politician who expects Batswapong to vote for him or his party.

We place on record that Batswapong are self-respecting and a dignified community who will not allow themselves to be bought or paraded by anybody or tribe for that matter to create a scenery at anybody’s funeral or event.  We find the utterances in question offensive and toxic to the political landscape, peace and tranquillity of this great country.  It is without doubt that Batswapong have been injured by such utterances.”

Kgathi’s proposed law which looks destined to receive support from across the political divide is going to make life very difficult for a number of social media commentators. In the spirit of this law Phage’s “joke” could be interpreted as ‘Racist xenophobic motivated insult’.  There is general displeasure at Phage’s choice of joke at the Umbrella for Democratic Party (UDC) rally in Molepolole and his party has engaged Lentswe La Batswapong to apologise.

Back to the full might of the Cybercrime and Computer related crimes Act, “A person who, by means of a computer or computer system discloses or publishes a private sexual photograph or film without the consent of the person who appears in the photograph or film, and with the intention of causing that person distress, commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or both. The law captures this behavior as “Revenge Pornography”.  

The proposed law is far reaching, “A person who, by means of a computer or computer system – produces racist or xenophobic material; offers or makes available racist or xenophobic material; and distributes or transmits racist and xenophobic material commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or both.”

The Cybercrime and Computer Related Crime Act also tries to shield children from stalkers; “A person, who by means of a computer or computer system, communicates with a person who is, or who the accused believes is – under the age of 18 years, for purposes of facilitating the commission of the offence of child pornography, or offences of prostitution, rape, or indecent assault under the Penal Code; under the age of 16 years, for purposes of facilitating commission of offences of abduction or kidnapping of that person under the Penal Code; or under the age of 16 years, for purposes of facilitating the commission of the offence of defilement or any sexual offence of that person under the Penal Code, commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding five years, or both.”  

Interestingly, the proposed law makes it clear that it shall not be a defence to a charge under this clause that the accused believed that “the person he or she was communicating with was at least 16 or 18 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.”

The Cybercrime law also tackles child pornography. “A person who published child pornography or obscene material relating to children through computer or computer system; produces child pornography or obscene material relating to children for purposes of its publication through a computer or computer system; possess child pornography or obscene material relating to children in a computer or computer system or a computer data storage medium; publishes or causes to be published an advertisement likely to be understood as conveying that the advertiser distributes or shows child pornography or obscene material relating to children through a computer or a computer system, commits an offence and is liable to a fine not exceeding P100 000, or to imprisonment for a term not exceeding five years or both.”

Minister Kgathi’s law drafters have crafted what they term, “Offensive electronic communication”. Under this clause they write that, “A person who willfully, maliciously or repeatedly uses electronic communication of an offensive nature to disturb or attempt to disturb the peace, quiet or privacy of any person with no purpose to legitimate communication, whether or not a conversation ensues, commits an offence and is liable to a fine not exceeding P20 000 or to imprisonment of a term not exceeding one year, or both.”

The law is also taking aim at Cyber stalking because it makes it an offence to “willfully, maliciously or repeatedly use electronic communication to harass another person, or make a threat with the intent to place that person in reasonable fear for his or her safety or for the safety of his or her immediate family.” The offence attracts a fine of P20 000 or an imprisonment term not exceeding one year. Cyber harassment is also penalized with perpetrators facing a fine of P10 000 or an imprisonment term of six months or both.

The Cybercrime Act also carries huge fines and long term imprisonment proposal for offences such as cyber fraud (P100 000 or five years imprisonment or both) and cyber extortion (P20 000 or 10 years imprisonment or both). The Act criminalizes unauthorized disclosure of password or access code; damage to a computer or computer system; unlawful interception of data; unlawful possession of devices or data; unauthorized interference with a computer or computer system among other things.

Minister Kgathi’s proposed law is not forgiving to service providers as unlawful disclosure by service providers would attract hefty penalties, “A service provider who, without lawful authority, discloses – that an order under this Act has been made; any act done under an order; or any data collected or recorded under an order, commits an offence and is liable to a minimum fine of P1000 000 but not exceeding P5 000 000.”
Government wants this law to pass in November this year.

Continue Reading

News

Botswana’s Legislative Milestone: Championing Disability Rights

27th February 2024

In a significant stride towards inclusivity, Botswana’s National Assembly has ratified the groundbreaking Persons with Disability Act. This legislation is a cornerstone in protecting the rights and promoting the economic well-being of individuals with disabilities

At the heart of this act is the creation of two pivotal bodies: the National Disability Coordinating Office and the National Disability Council. These institutions are set to revolutionize the integration of disability affairs into the national fabric, as outlined by the Minister for State President, Kabo Morwaeng. Morwaeng highlighted the alignment of this act with the global Convention on the Rights of Persons with Disabilities (CRPD), underlining Botswana’s commitment to international standards in disability rights.

During his address to Parliament, Morwaeng disclosed Botswana’s inaugural CRPD report submission to the UN, underscoring the nation’s dedication to global dialogue on disability rights. Furthermore, he unveiled plans for a comprehensive assessment to understand the socio-economic realities of disabled individuals and their families. This initiative, complemented by the strengthening of existing programs, aims to empower this community, ensuring their integration and prosperity in society

Morwaeng’s call to action was clear. He urged a collective shift in developmental agendas to accommodate and prioritize disability issues, advocating for an inclusive societal framework.

An ambitious budget of P35,631,600 has been allocated to bridge gaps in Disability Economic Empowerment, alongside critical studies and the establishment of the National Emergency Operations Centre. Concluding his presentation, Morwaeng appealed to fellow governmental departments to allocate funds diligently to fulfill CRPD and Persons with Disabilities obligations, marking a new chapter in Botswana’s legislative history towards inclusive development.

Continue Reading

News

Kabo Matlho’s Majestic Reentry Descends Upon a Solo Venture

27th February 2024

Kabo Matlho, a luminary whose fame once graced the grand finale of My Star, is poised to enchant the music realm once more with an upcoming solo venture—an RnB and Hip-Hop Extended Play (EP)—heralding his grand resurgence after a hiatus that spoke volumes.

During a telephonic confab with our editors, the virtuoso, navigating the world from the confines of his wheelchair, confided that while the exact launch date of the EP remains shrouded in mystery, he is fervently working towards a mid-2024 reveal. Matlho shared the trials of his odyssey, especially the cold shoulder he received from the industry ambushes, crediting the harsh exclusion to his physical predicament.

“The scene calls me once more, for the absence has been both a sabbatical and a shadow. The road for an artist, enveloped in the embrace of wheels, is strewn with fewer welcomes and scarce stages. Yet, herein I forge my return, with the precise hour of my EP’s birth still nestled in the coming chapters, assuredly within this year’s embrace,” Matlho unveiled with a determination that shone bright.

 

Probed on his choice for a solo EP, the melody weaver expressed a desire to not only rekindle his essence but to stand solitary under the spotlight, nurturing his brand to vigor before possibly blending it with the talents of others—once his career phoenix rises anew from its ashes.

Elaborating on his Extended Play, Matlho shared visions of its essence, where the soul of RnB intertwines with the spirited rhythm of Hip-Hop, crafting an audial tapestry that not only returns to his roots but also ventures into previously uncharted territories of his musical domain. With resilience, Matlho faces the crossroads of his artistry, embracing the whisperings of Hip-Hop that tease the boundaries of his comfort, embarking on this path with a heart both apprehensive and ablaze.

 

Continue Reading

News

BODANSA strikes gold with a handsome P45K windfall from Turnstar Holdings

27th February 2024

The Botswana DanceSport Association (BODANSA) has been graced with a financial boon of P45,000 courtesy of Turnstar Holdings. This generous endowment is earmarked for the illustrious Botswana International Dance Sport Grand Prix Championships, which are scheduled to animate Gaborone from Friday to Saturday.

At a media engagement held early today, BODANSA’s Marketing Maestro, Tiro Ntwayagae, shared that Turnstar Holdings Limited has bestowed a gift of P45,000 towards the grand spectacle.

“We are thrilled to announce that this backing will enable us to orchestrate a cultural soirée at the Game City Marque locale, a night brimming with cultural fervor set for March 1, 2024, from 6pm to the stroke of midnight.

This enchanting space will also serve as the battleground for the preliminaries of traditional dance ensembles—spanning the rhythmically rich Setapa to the euphoric beats of Sebirwa, the spirited Seperu, the heavenly Hosana, and more—in a competition folded into the Traditional Dance Groups Category. The ensemble that dances into the judges’ hearts will clinch a grand prize of P10,000,” elaborated Ntwayagae.

He further illuminated that the cultural eve would not only celebrate traditional melodies but also the fresh beats of contemporary dance variants including Hip Hop, Sbujwa, Amapiano, among others, in a dazzling display of modern dance mastery.

Moreover, these championships carry the prestigious recognition by the World DanceSport Federation as a qualifying round for the Breakdance category for the Paris 2024 Olympics. “This is a monumental opportunity for athletes to leap towards their Olympic dreams during one of the penultimate qualifiers,” underscored Ntwayagae.

Looking ahead to March 2, 2024, the festivities will propel into the University of Botswana Indoor Sports Arena for the championship’s climactic showdowns encompassing Breakdance, Latin, and Ballroom Dancing.

 

Continue Reading