BOTSWANA - J&J Promotions, a Botswana promotion company, intends to sue government over their recent jazz festival, which was disrupted by the police.
Tsimba I Tsoka
The festival featured local musicians like Punah Gabasiane, Matsieng, Lister Boleseng, Shanti-Lo, John Selolwane, Maxy and Ndingo Johwa. The foreign artistes were Zimbabwe's Oliver Mtukudzi, Lucas Senyatso and Tshepho Tshola of South Africa.
When the police stopped the festival at midnight, Mtukudzi had only played three songs. Boleseng and Tshola were amongst the artistes who had not performed.
The promoters' attorney, Gabriel Kanjabanga wrote to the Attorney General last week, informing the state about their intention to institute legal proceedings. Kanjabanga said his clients have instructed the law firm to demand an undertaking from the state that in future, the police would not unlawfully disrupt their festivals.
If the Attorney General does not make this undertaking within 30 days, they are going to institute legal proceedings against the government.
The attorney said if the Attorney General insists that that the police conduct was lawful, in terms of the liquor regulations, they are going to challenge the constitutionality of the Liquor Act.
The promoters are also intending to challenge the constitutional validity of the trading hours that restricts the sale of liquor from noon to midnight.
He contended that there is no law that stipulates that festivals should stop at midnight.
He submitted that if the police acted on account of the new regulations under the Liquor Act, then they acted unlawfully. "Whilst it is accepted that the new liquor regulations restrict the sale of liquor between 12 noon and midnight, the same cannot be said of a music festival which is different from the sale of liquor."
He said as a result of police's unlawful acts, his clients have incurred losses and reputation in the sum of P500,000, adding that they even paid artistes who did not perform.
The attorney stated that in organising the festival, their clients went through all the legal processes required. He said they were granted a temporary liquor licence to sell liquor from midday until midnight during the festival.
"Our clients were also granted public entertainment and work permit exemptions in respect of the international artists they brought into the country, especially members of both Tshepho Tshola and Oliver Mtukudzi's musical groups.
Clients were further granted a temporary closure of the road leading to the landfill and dump site, off Machel Drive, as a way of ensuring revellers' easy access to the venue of the festival, the lawyer wrote.
Kanjabanga stated that his clients were also given a copy of a letter, which was written by the deputy Permanent Secretary in the Ministry of Trade and Industry to the Urban Police station commander. He said the letter stated that the police had to liaise with his clients on how the provisions of the Liquor Act were to be complied with especially over the observance of the sale of liquor from noon to midnight.
The attorney noted that the festival began after 4pm and there was only one outlet, which was selling beer. He said there was no other outlet from which alcohol was sold and in fact most of the revellers had brought in their own drinks.
He added that during the festival, the MC continuously announced that the beer outlet was going to be closed at midnight.
Kanjabanga said his clients revealed that when the music festival started, the police were present throughout. He said his clients were happy with their presence. To them it was a sign that safety and security of the festival attendants was guaranteed but little did they know that in fact their presence was intended to disrupt and cut the music show.
The lawyer further indicates that his clients said during the festival, there was never any incident of unruly conduct from the crowd. "The attendants were peaceful people who were mainly concerned and interested in entertaining themselves and enjoying their music." He said his clients indicated that during the course of the festival, no police officer ever approached them and warned them to stop operating at midnight. Neither did the police tell them that anyone complained that the festival was a nuisance.
"Our clients say that they were extremely shocked, embarrassed and their reputation, as a promotions company, was shattered and discredited when a contingent of police armed with riot vehicles and equipment arrived at around 12.15 am whilst the music festival was in session and ordered that the festival must stop.
Our client says that they were very much surprised and stunned by the unlawful and improper conduct of the police more so that prior to the festival, they had a number of meetings with the station commander of Urban Police Station and at no point did the police mention that the festival was to stop at midnight."
Kanjabanga said when the police were closing the festival, they refused to look at the documentation, which showed that the festival was legal. They ignored his clients' plea and proceeded to close the festival.
The attorney further submits that the festival was stopped at a time when many revellers were paying to gain entrance to the show and owing to the abrupt stoppage, the majority of them had to be refunded.
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