Gaborone: The Botswana High Court is on Wednesday expected to hear arguments in a case brought by the Botswana Gazette after it was refused access by the Water Utilities Corporation (WUC) to a report on the water flow into the Gaborone Dam.
In its court papers, The Gazette argues that the refusal to provide access to the report is unreasonable and in violation of the right to freedom of expression, which includes the right to access information that is in the public interest.
However, the WUC’s in its papers states that po it already provides information to the public on water levels, sensitive public water management issues and conservation.
The Gazette further submits that the WUC has a duty to “promote transparency in the water sector” and to “ensure the meaningful participation of communities in decision-making processes in the water sector”.
“Botswana’s Constitution guarantees the right to access information; however, no law enables citizens to assert this right when it has been denied,” Rudolf Olsen, Managing Editor at The Botswana Gazette was quoted as saying.
Meanwhile, the Southern African Litigation Centre (SALC) which is set to support Tshiamo Rantao of Rantao Attorneys who will be representing the Botswana Gazette in court said: “Media houses are constrained in providing the public with information which is in their interest when government bodies fail to comply with the principles of transparency and open governance essential to a democracy.”
Anneke Meerkotter, Executive Director of SALC said: “As Botswana’s water situation becomes even more precarious, it becomes ever more critical that citizens can hold the government to account on how water resources are managed.”
“The information that States should make available to citizens extend to information relating to projects or actions by third parties which impact water resources, and measures taken to remedy unlawful diversion of water and hold perpetrators accountable.” 1 “It is in the public interest that all information relating to Botswana’s water resources are accessible and available to enable the public to participate in democratic processes in a manner that can secure future water resources and livelihoods,” Meerkotter said.
The matter will be heard by Judge Motumise J.
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