BOTSWANA GOVERNMENT SHOULD CHARGE MALEMA AND ANC YOUTH LEAGUE WITH SEDITION
The Freedom Front Plus believes that there are sufficient legal grounds for the Botswana government to investigate and charge Julius Malema and the ANC Youth League for the crime of sedition following comments recently made by the organisation according to which they want to set up a Botswana Command Team to force the Botswana government out of office. These comments against the Botswana government is bad for trade between South Africa and Botswana and it is therefore a good thing that the ANC has for once repudiated the ANC Youth League in public.
The ANC Youth League has however according to Beeld of 3 August 2011 in an arrogant manner rejected the rebuke. "This shows that the ANC Youth League intends to continue with their plans to overthrow the government of Botswana . In terms of section 50 of the Botswana Penal Code, sedition is defined as acts which are aimed at incite hatred, disrespect and unhappiness with a specific section of the population against the President of Botswana or Botswana 's legal administration.
It therefore appears that Malema and the Youth League's comments that a regime change is necessary, that the current Botswana government is merely a puppet government of the USA and a foot stool of imperialism, as well as their intention to influence opposition politics in that country in order to bring about a regime change, could possibly qualify as sedition," Adv. Anton Alberts, FF Plus Parliamentary spokesperson on Economic Affairs said.
"There should be enough grounds to arrest Malema and any other member of the ANC Youth League's executive as soon as they enter Botswana . Due to the destabilising effect on economic relations between Botswana and South Africa , the FF plus has written to the office of the Prosecutor General of Botswana for their consideration of the matter," Alberts added. "Alternative charges of crimen injuria and the undermining of section 73 of the Botswana Penal code could also be brought against them."
If the FF Plus, with this action, only succeeds with Malema and the ANC Youth League leadership not being allowed to put foot in Botswana, this action will already have been successful.
If the FF Plus is also of the opinion that it is very late in the day for the ANC to reprimand Malema and the ANC Youth league about their comments. The core of the problem lies in that the ANC's constitution does not have sufficient jurisdiction over the ANC Youth league as the Youth League is recognised as a separate organisation which does not fall under the direct control of the ANC. That is why the ANC will have to amend their constitution if they want to sufficiently control the ANC Youth League in future in order to prevent damage to South Africa's economic image.
The FF Plus views the sudden reprimand of Malema and the Youth League by the ANC as indicative of double standards. "The ANC is prepared to, together with the Youth League and Malema, defend the singing of a song which incites people to murder Afrikaners (farmers), but now suddenly wants to intervene now that a SADC country is in the firing line. The fact that Malema and the ANC Youth League were not "officially" reprimanded shows that the ANC, or elements within it, is still protecting Malema and the Youth League. That is why the FF Plus is continuing with its campaign to stop Malema," Alberts said.
04 August 2011
Phadi Grace Solomon
Office of the Attorney-General of Botswana
Directorate of Public Prosecutions
P/Bag 009
Gaborone
Fax: +267 3188600
Tel: +267 3613881
Dear Mrs Solomon,
SEDITIOUS STATEMENTS AND INTENT BY THE ANC YOUTH LEAGUE AND ITS LEADER
The above matter refers.
We wish to bring to your urgent attention the possible seditious remarks and intention by the ANC Youth League and its leader, Mr. Julius Malema, in relation to the current Botswana government and President, for further investigation and prosecution.
We are a political party with representation in the parliament of South Africa and our leader, Dr. Pieter Mulder, is also the Deputy-Minister of Agriculture, Forestry and Fisheries. Our interest in bringing this matter to your attention is borne from the fact that the remarks made by Mr. Julius Malema and the ANC Youth League is seriously detrimental to economic relations between South Africa and Botswana. We implore you to consider the possibility to investigate and prosecute the perpetrators in accordance with Section 50 of the Botswana Penal Code. In our analysis of Botswana law, we believe that grounds for prosecution exist.
We refer you to the following remarks made:
1. Various newspapers (e.g. Times of 01/08/2011[1]) reported this week that Mr. Malema and the ANC Youth League wanted to form a Botswana command team to topple the Botswana government and remove President Ian Khama. We quote as follows:
"The ANC Youth League will also establish a Botswana command team, which will work towards uniting all oppositional forces in Botswana to oppose the puppet regime of Botswana, led by the Botswana Democratic Party" (Malema)
2 Further remarks:
2.1 "The BDP is a foot stool of imperialism, a security threat to Africa and always under constant puppetry [sic] of the United States"[2]
2.2 "He [Malema] said that, after the "interaction", a coalition party might be formed because the youth league believed opposition parties in Botswana were not strong enough to "properly topple that government through democratic means".[3]
While it is not necessarily sedition to criticise a government on its policies and to attempt to persuade people to change government in a constitutional manner, Mr. Malema and the ANC Youth League's acts are, as far as we are concerned, directed and intended to cause hatred, disrespect and disaffection towards the President of Botswana and the administration of justice, as per Section 50, and therefore qualifies as sedition.
An alternative charge would be criminal defamation or subversion in terms of Section 73.
We, therefore, respectfully request that your esteemed office investigate this matter for the benefit of both our countries.
Respectfully,
Adv. Anton Alberts
Freedom Front MP: Economic Development
[1] http://www.timeslive.co.za/politics/2011/08/01/now-malema-targets-botswana-president
[2] http://www.timeslive.co.za/politics/2011/08/01/now-malema-targets-botswana-president
[3] See above and http://www.citizen.co.za/citizen/content/en/citizen/local-news?oid=214169&sn=Detail&pid=334&ANCYL-to-send-team-to-Botswana.
Statement issued by Adv. Anton Alberts, FF Plus Parliamentary Spokesperson: Economic Affairs, August 4 2011
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