A proposed new anti-corruption law could expose journalists and whistle-blowers in Botswana to prison terms for publishing or submitting corruption reports later deemed ‘grossly inaccurate’ raising fresh concerns about press freedom and accountability.
The draft Anti-Corruption Bill of 2026 seeks to expand the investigative and enforcement powers of the Directorate on Corruption and Economic Crime (DCEC) while introducing criminal penalties for false reporting and reputational harm.
There are fears that the proposals will add to an already dense framework of laws that can be used to curb investigative journalism and discourage whistle-blowing.
Botswana’s existing statutes already include criminal defamation provisions under Section 192 of the Penal Code. In addition the Whistleblowing Act of 2016, introduced under Botswana’s fourth president, Lt Gen Ian Khama imposes penalties of up to five years for knowingly submitting false corruption reports. The current DCEC Act allows prison sentences of up to three years for providing misleading information to investigators.
At the time the whistleblowing Act was enacted, President Duma Boko, then leader of Opposition critiqued it, not for its criminal sanctions, but for failing to provide anonymous reporting channels and relying on state institutions which he said were untrusted.
The draft bill, which Minister for State President, Defence and Security, Moeti Mohwasa intends to present before the National Assembly would create an additional offence covering reports judged to be seriously inaccurate, potentially widening the scope of criminal liability for investigative journalists. The draft Bill
states that ‘a person commits an offence’ if he or she publishes a corruption report ‘that is grossly inaccurate and presents a clear danger of imminent and serious threat to the reputation of the Agency.’
The provision applies to reports published ‘either in the course of investigation or during the court proceedings in the press.’
The proposed law also criminalises interference with corruption investigations, stating that a person commits an offence if they ‘interfere with, put fear into, threaten or abduct or attempt to interfere with, put fear into, threaten or abduct any person involved in an investigation under this Act.’
In addition to targeting publications, the bill introduces penalties for individuals who make false complaints or provide misleading information to investigators.
Under Section 52, ‘any person who knowingly makes or causes to be made to an officer of the Agency a false report of any offence,’ or ‘knowingly misleads an officer by giving false information,’ commits an offence.
Those found guilty would be ‘liable to a fine not exceeding P10 000 or to imprisonment for a term not exceeding one year, or to both.’
The proposed law further empowers the anti-corruption agency with sweeping investigative tools.
It states that ‘where necessary and appropriate for the effective investigation of corruption and economic crime, the Agency may employ lawful investigative measures.’
These measures include ‘surveillance, undercover operations, controlled inquiries and any other lawful technique as may be prescribed,’ subject to judicial authorisation where required.
The bill also strengthens the agency’s authority over public institutions by allowing it to refer corruption-related matters to government departments and demand action.
According to the draft, ‘where there is no sufficient evidence or where the prosecution would not serve the public interests, the Agency may refer such cases to a relevant public body for necessary administrative action.’
Public bodies will be legally compelled to comply with agency directives, and failure to do so could lead to criminal penalties.
The bill warns that ‘the head of a public body. who, without reasonable excuse, fails to comply. commits an offence and is liable to a fine not exceeding P10 000 or to imprisonment for a term not exceeding one year, or to both.’
The agency will also be able to impose timelines and monitor compliance.
It states that ‘the Agency may. require the relevant public body to submit to the Agency a report in relation to the matter and the action taken,’ and such reports must be submitted ‘within such time as the Agency directs.’
In addition , confidentiality requirements will bind institutions receiving information from investigators.
The bill stipulates that ‘if the Agency communicates information to a relevant public body. such public body shall be subject to the secrecy provisions of this Act.’