Open justice and broadcasting of legal proceedings in Botswana: the need for reform

Abstract

The principle of open justice is a central tenet of the administration of justicein Botswana. Open justice requires that, as a general rule, courts of lawmust conduct their business publicly unless this could result in injustice. Theprinciple is a safeguard against judicial bias, incompetence and unfairness andensures that judges are accountable in the execution of their judicial functions.There is a special connection between the principle of open justice and mediacoverage of court proceedings. Open justice ensures that justice is open topublic scrutiny and the media are a medium through which the majority of thepublic receive information about court proceedings. Media coverage of legalproceedings does not only promote open justice, but it is also an exercise of theconstitutionally guaranteed right to media freedom. This paper examines theissue of the live broadcast coverage of judicial proceedings in Botswana witha view of establishing whether the practice of the courts is consistent with theconstitutional principles.