Journal article
Open Justice and Broadcasting of Legal Proceedings in Botswana:
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Publication Details Subtitle: the Need for Reform Author list: Balule, B.T Publication year: 2016 Journal: University of Botswana Law Journal Volume number: 23 Start page: 36 End page: 53 Number of pages: 18 |
The principle of open justice is a central tenet of the administration ofjustice in Botswana. Open justice requires that, as a general rule, courts of law must conduct their business publicly unless this could result in injustice. The principle is a safeguard against judicial bias, incompetence and unfairness and ensures that judges are accountable in the execution of their judicial functions. There is a special connection between the principle of open justice and media coverage of court proceedings. Open justice ensures that justice is open to public scrutiny and the media are a medium through which the majority of the public receive information about court proceedings. Media coverage of legal proceedings does not only promote open justice, but it is also an exercise of the constitutionally guaranteed right to media freedom. This paper examines the issue of the live broadcast coverage ofjudicial proceedings in Botswana with a view of establishing whether the practice of the courts is consistent with the constitutional principles.
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