n African Human Rights Law Journal - Freezing the press : freedom of expression and statutory limitations in Botswana




Freedom of expression is guaranteed under section 12(1) of the Botswana Constitution. Limitations of this 'right' have to comply with the requirements in section 12(2), which allows for the limitation of freedom of expression under Botswana law. This article analyses a number of statutory provisions (the National Security Act, the Corruption and Economic Crime Act and Penal Code) and a government directive (to cease advertising in particular newspapers) that limit this right. The author investigates whether these limitations are in conformity with the Constitution. He concludes that there has been a significant erosion of freedom of expression, and laments the absence of judicial pronouncements on this issue.


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