Because the charge (against Outsa Mokone) as reported is sedition, - TopicsExpress

Because the charge (against Outsa Mokone) as reported is sedition, i have taken the liberty to borrow the below definition as posted by my friend Tumy Modise to enlighten all a little: Copyright Government of Botswana Penal Code Law No. 2 of 1964 - WIPO SECTION 50 - SEDITION Seditious intention (1) A seditious intention is an intention; a) to bring into hatred or contempt or to excite disaffection against the person of the President or the Government of Botswana as established by law; b) to excite the inhabitants of Botswana to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Botswana as established by law; c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Botswana; d) to raise discontent or disaffection amongst the inhabitants of Botswana; or e) to promote feelings of ill-will and hostility between different classes of the population of Botswana, but an act, speech or publication is not seditious by reason only that it intends¬; (i) to show the President has been misled or mistaken in any of his measures; (ii) to point out errors or defects in the Government or the Constitution of Botswana as established by law or in legislation or in the administration of justice with a view to the remedying of such errors or defects; (iii) to persuade the inhabitants of Botswana to attempt to procure by lawful means the alteration of any matter in Botswana as established by law; or (iv) to point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and enmity between different classes of the population of Botswana. (2) In determining whether the intention with which any act was done, any words were spoken, or any document was published, was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances which he so conducted himself. SECTION 51. SEDITIOUS OFFENSES (1) Any person who- (a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a seditious intention; (b) utters any words with a seditious intention; (c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; (d) imports any seditious publication, unless he has no reason to believe that it is seditious, is guilty of an offence and is liable to imprisonment for a term not exceeding three years; and any seditious publication shall be forfeited to the State. (2) Any person who without lawful excuse has in his possession any seditious publication is guilty of an offence and is liable to imprisonment for a term not exceeding three years; and such publication shall be forfeited to the State. (3) It shall be a defence to a charge under subsection (2) that the person charged did not know that the publication was seditious when it came into his possession and that he did, as soon as the nature of the publication became known to him, deliver the publication to the nearest administrative officer or to the officer in charge of the nearest police station. (4) Any printing machine which has been, or is reasonably suspected of being, used for or in connection with the printing or reproduction of a seditious publication may be seized or otherwise secured by a police officer pending the trial and conviction or discharge or acquittal of any person accused of printing or reproducing any seditious publication; and, when any person is convicted of printing or reproducing a seditious publication, the court may, in addition to any other penalty which it may impose, order that the printing machine on which the publication was printed or reproduced shall be either confiscated for a period not exceeding one year, or be forfeited to the State, and may make such order whether or not the person convicted is, or was at the time when the publication was printed or reproduced, the owner of the printing machine. A printing machine forfeited under this subsection shall be sold, and the proceeds, less expenses, shall be paid into the general revenue. (5) When a proprietor, publisher, printer or editor of a newspaper is convicted of printing or publishing a seditious publication in a newspaper, the court may, in addition to any other punishment it may impose, and whether or not it has made an order under subsection (4), make an order prohibiting any further publication of the newspaper for a period not exceeding one year. (6) The court may, at any time, on the application of the Director of Public Prosecutions and on taking such security, if any, for good behaviour as the court may see fit to order, revoke any order made by it forfeiting or confiscating a printing machine or prohibiting further publication of a newspaper. (7) A court, before ordering the forfeiture or confiscation of a printing machine under this section, shall be satisfied that the printing machine was the printing machine upon or by which the seditious publication was printed or reproduced. (8) In any case in which a printing machine has been secured or confiscated under this section, the Commissioner of Police may, in his discretion, cause¬; (a) the printing machine or any part of it to be removed; or (b) any part of the machine to be sealed so as to prevent its use: Provided that the owner of the printing machine or his agents shall be entitled to reasonable access to it to keep it in working order. (9) The Commissioner of Police or any police officer acting in pursuance of the powers conferred by this section shall not be liable for any damage caused to a printing machine, whether by neglect or otherwise, not being damage willfully caused to the machine. (10) Any person who uses or attempts to use a printing machine confiscated under subsection (4) is guilty of an offence and is liable to imprisonment for a term not exceeding three years. (11) Any person who prints or publishes a newspaper in contravention of an order made under subsection (5) is guilty of an offence and is liable to imprisonment for a term not exceeding three years. (12) In this section the expression printing machine includes a printing press, copying press, type-setting machine, photographic, duplicating or engraving apparatus, or other machine or apparatus used for or in connection with printing or reproducing publications, and the type, appurtenances and equipment thereof. Page 31-33 Copyright Government of Botswana