The freedom for persons to freely express their opinions is undoubtedly the corner
stone of any human lead development, regardless of the particular field. Whether
in medicine, culture, arts and politics, development has been a product of
allowing discussions to flow freely, it is only when conventional means and ways
are challenged that the human race develops.
It is because of this feature of the right to freedom of expression that it has found resonance in almost all developed and developing liberal societies. It is so important that governments through their constitution guarantee it to its citizens. It is perhaps why there are phrases such as “I may not agree with what you say, but I am prepared to fight to the death your right to say it” it is soi sacrosanct that the right to life itself may be sacrificed in defence of the freedom of expression. Recent developments regarding threats
to the Family of the oener of Lesotho Tribune, Phafane Nkotsi, have given us a
painful reminder that this very sacrosanct right and indeed a tool of development,
rets on very shaky grounds and must be defended at all costs.
To give context to the discussion, a brief factual narrative is necessary, there was
an attempt to shut down Lesotho Tribune as a news paper earlier in February
through the courts of Law orchestrated by one Semoli Mokhanoi and Mergence
investment, one of his companies. They launched an application before court to
interdict the newspaper from publishing matter relating to the management of the
Public Officers defined contribution pension fund. This bid to shut down the news
paper was swiftly delat with and dismissed by the courts, in defence of the
freedom of expression. Mr Semoli and Mergence must be commended that while
they desired for the news paper to be shut down, they approached the courts of
law to have it shut down, while the motive may have been sinister, they employed
legal mechanisms that are available.
When the legal dust has settled, the employees of the Lesotho Tribune newspaper
found an ominous note, stating that Mr Phafane Nkotsi has a lovely wife and that
Lesotho Tribune should stop writing articles dealing with the Public Officers
Defined Contribution Fund, failing which the peace of his family will be
disturbed. Assuming the threat is true, and there in no reason to believe otherwise,
the insinuation by the author of the ominous note seeks to instil fear in the owner
of the newspaper by threatening to harm his family, on condition that he should
stop witting about the stated topic. It must be stated from the onset that while this
not is meant to shut down the newspaper, unlike the unsuccessful attempts of Mr
Semoli and company, these latter efforts are unlawful, they seek to achieve that
which Mr Semoli sought to achieve, but they seek to do so outside the
mechanisms of the law.
It is this latter attempt that has prompted the writing of this article, strong
condemnation must be meted out against the perpetrators who authored the
threatening note. Their actions are meant to put some artificial limits on what
Lesotho Tribune should and should not write about, if they are successful, they
will be bold and empowered and soon enough they will do the same to other news
outlets, and before we know it freedom of speech will be but a figment of our
imaginations and fantasies, and human progress will be permanently aborted.
It must also be very clear that freedom of expression is not without its limits, it is
also subject to reasonable restrictions imposed by the law and enforced through
legal mechanisms.
These restraints typically have to do with public order and safety and protection of individual fame and dignity. This is why when Mr Semoli felt that his dignity may be impaired, he approached the courts to protect his dignity. And by doing so, he showed the world that even if you harbour aspirations of shutting down newspapers, at least you should do so through the courts. We however must denounce with contempt all those who seek the same ends with Mr Semoli but through instilling fear and quite literally without any exaggeration terrorism.
It is for this reason that all those who are stakeholders in the Media industry, content
creators and content consumers alike, must be up in arms in defence of Mr
Phafane and Lesotho Tribune and proclaim that, even when we do not agree with
what you have to write, we will defend your right to write it with our lives if
necessary.
