When denying Moeladilotlho bail, Magistrate Setshedi said it is the court’s opinion that the accused may persist in committing offences if granted bail at this time
BONGANI MALUNGA
The Molepolole Magistrate Court has denied social media personality Tshepo Sethibe bail, citing incitement concerns in a case where the complainant expressed fear for his life over Sethibe’s online posts, which he alleges could provoke mob violence. Sethibe, better known for his Moeladilotlhoko News Boiler platform, faces a charge of using offensive electronic communication contrary to Section 17 of the Cybercrime and Computer Related Act.
During his testimony, the complainant, Medie’s Headman of Records, Kgosi Moatlhodi Emmanuel Kgabo, told the court that he feared for his life after the accused’s followers reportedly made threatening remarks on Facebook. He added that, out of concern for his family’s safety, he had moved to Gaborone.
Sethibe is set to be remanded in custody until March 17, 2026. The prosecution applied for further detention of Sethibe pending the finalisation of investigations, noting that some electronic devices linked to the charges are yet to be recovered for forensic examination.
CONTINUED DETENTION
Magistrate Solomon Setshedi stated that while Sethibe is not considered a flight risk, the primary reason for continued detention is the alleged incitement of violence through his social media posts. The court also heard that the Medie chief and his family have relocated to Gaborone due to safety concerns arising from the online allegations.
“Having thoroughly reviewed the evidence presented by the two state witnesses, this court finds that releasing the accused on bail could pose a risk to the safety of both the public and the complainant. Furthermore, it is the court’s opinion that the accused may persist in committing offences if granted bail at this time,” the Magistrate asserted.
VIRAL MISINFORMATION
Observers and social media commentators say the case underscores the growing tension between freedom of expression and public safety in the digital era. The matter is also expected to set a precedent for how Botswana’s courts balance cybercrime enforcement with individual rights, as authorities continue to grapple with the societal impact of viral misinformation.
Meanwhile, Sethibe’s attorney Sharpe Dubula of Dubula Attorneys has continually urged the court to afford his client presumption of innocence until proven guilty and immediately facilitate his release.