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The request to share this information with the public regarding public water comes when Botswana faces one of the harshest droughts. This information is essential for the nation to plan and manage what available water resources there are. This is good governance and solidifying a transparent relationship with its clients. Unfortunately, the WUC has denied the public this fundamental right which impacts the quality of life of Batswana. The right to information allows people to access information held by public authorities that perform public functions, such as the Water Utilities Corporation.
The Court sided with the WUC in finding that the report was intended for the benefit and aid of its operations and not for public consumption. The Court concluded, “Botswana doesn’t have a freedom of information act. Parliament is yet to enact such a law.”
On 24 May 2023, the Botswana High Court will hear arguments in a case brought by the Botswana Gazette after it was refused access by the Water Utilities Corporation (WUC) to a report on the water flow into the Gaborone Dam. The Botswana Gazette is represented by Tshiamo Rantao from Rantao Attorneys and supported by the Southern Africa Litigation Centre (SALC).
A provision in the Corruption and Economic Crimes Act prohibited any disclosure of information relating to investigations. The newspaper launched an application seeking a declaration that the provision was unconstitutional because it violated the right to freedom of expression and should be struck down.