US embassy cable - 05GABORONE286

UNCLAS  GABORONE 000286 
 
SIPDIS 
 
 
SENSITIVE BUT UNCLASSIFIED 
 
DEPT FOR AF/S DIFFILY 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, BC, Human Rights 
SUBJECT:  U/BOTSWANA HOLDS SEMINAR: ACADEMIC GRANTED 
TEMPORARY REPRIEVE 
 
 
  A)   GABORONE 257; B) GABORONE 266 
 
1.  Summary:  The University of Botswana seminar that 
featured the scholarly paper, "Presidential Succession in 
Botswana: No Model for Africa" by political science 
professor Kenneth Good proceeded without incident February 
23. Good received a "rock star" welcome by the 600-person 
audience.  On February 24, Botswana's High Court held 
hearings on the validity of the stay of execution until 
March 7 of the deportation order served to Good February 18. 
A ruling is expected February 28. The deportation case and 
the seminar paper have caused widespread public discussion 
on Botswana's political system and have attracted 
international attention.  End summary. 
 
2. Some 600 students, lecturers, media, political party 
leaders, lawyers, NGO representatives, and diplomats showed 
up to hear Professor Good deliver his paper.  This forced 
transfer of the seminar to a larger room, which still left 
far more individuals standing than seated. Despite 
speculation that the seminar might not take place, it 
proceeded without incident, starting and ending on time. The 
audience greeted Good's appearance in the auditorium with a 
storm of applause.  Saying he was tired, Good spoke softly 
but deliberately.  Absence of a public address system made 
hearing him difficult.  Good spent so much time on his first 
of three points that he had to curtail presentation of the 
last two. The large, overwhelmingly supportive, crowd was 
orderly though Good had to quiet it at times.  Of the many 
questions posed to Good, only one had even a negative tinge, 
as a BDP official faulted Good for relying too much on media 
reports for his analysis.  The only security presence noted 
was in the form of two amiable U/Botswana security guards. 
 
3.  Outside the venue, people discussed and commented on the 
significance of the issue (see reftels). They volunteered to 
emboffs that Ken Good's deportation order proved his thesis 
of the increasing authoritarianism of the GOB and that the 
BDP had been in power too long: the arrogance of power. 
Several compared the case in significance to the Unity Dow 
case of the 1980s, which had resulted in constitutional 
guarantees being applied to all within Botswana's borders. 
One professor called it a "horror."  A number noted the 
oddity of having the deportation order served while 
President Mogae was out of the country for a week (actually, 
the order was served prior to his departure).  All were 
sympathetic to Good and considered the GOB to have made a 
major mistake which would resonate to Botswana's detriment. 
 
4.   On Thursday, February 25, the High Court, located in 
Lobatse, held a further hearing on the preliminary points of 
the case. The counsel for the State argued that the High 
Court had no authority to question a presidential order. 
Their argument insisted that the court had been in error in 
granting an interdiction until March 7, as the judge had 
done last week (see ref B).  They referred to Good as a 
"visitor," subject to immigration authorities and not 
entitled to protection by the provisions of the Botswana 
Constitution regarding free expression.  They questioned the 
court's authority to even hear Good's application for 
relief. 
 
5.   Good's lawyers countered with the technical 
shortcomings of the deportation order as a presidential 
decree: the only signature provided on the order itself was 
from the chief immigration officer.  Judge Stanley Sapire 
(recently arrived from Swaziland) cautiously but firmly 
picked his way through the state's arguments. He concluded 
by deferring a ruling on whether the High Court could hear 
the case on its merits, until Monday, February 28.  Post 
will report septel on outcome. 
 
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COMMENT 
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6.   The Ken Good case has definitely energized public 
discussion in Botswana on the limits of presidential power. 
It is headline news and the subject of call-in talk shows. 
Even at the grassroots, the story is subject for commentary. 
In Salajwe, a village some thirty miles of deep sand away 
from a main road, emboff yesterday heard two women 
expressing their sympathy for Ken Good.  They said stating 
that this was just what you could expect from the Botswana 
Democratic Party, which had been in power too long and paid 
no attention to ordinary people's lives. 
 
7.  Not everyone supports Ken Good.  Discussion at a meeting 
 
 
of the Botswana business association BOCCIM  revealed mixed 
feelings among the members.  Several said Good "deserves it 
because he's insulting."  Others thought it wouldn't harm 
because other countries like China are worse and still 
attract FDI, while still others said it was an unnecessary 
Qassault on freedom of speech.  BOCCIM will make no public 
comment on the matter. 
 
8.  The Ken Good deportation case has also attracted 
international media attention.  The BBC and All-Africa.com 
are among outlets picking up the story.  Post continues to 
follow the case closely and will attend the February 28 
hearing. 
AROIAN 
 
 
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