Lesotho's Constitutional Court tackles criminal defamation

Lesotho’s Constitutional Court will today hear arguments on the constitutionality of the offence of criminal defamation. The case is brought by Zimbabwean journalist Basildon Peta, who was charged after the Lesotho Times in 2016 published a satirical column relating to the then-Commander of the Lesotho Defence Force, Tlali Kamoli. While Peta was not the author of the column, he was charged in his capacity as publisher and CEO of the newspaper. Section 104 of the country’s penal code provides that a person who publishes defamatory matter concerning another person commits the offence of criminal defamation. Peta submits that the offence constitutes an unjustifiable limitation of the right to freedom of expression. He is represented by Advocate Gilbert Marcus SC and the case is supported by the Southern Africa Litigation Centre. Legalbrief reports that Peta was the second journalist to be awarded the Media Institute of Southern Africa's Press Freedom Award for his reporting of the political turmoil in Zimbabwe.