A warrant of arrest could be out for a University of Botswana student who failed to turn up in court in connection with charges of illegal reproduction and sale of recorded music.

The case is expected to renew interest in the lame-duck Copyright Act of 2000, amended in 2005, to make room for, among others, a copyright collecting society and other arbitration instruments.

Assistant Superintendent, Mogotsi Theko, at the Borakanelo Police Station in Gaborone, confirmed that the case had been put before the court on three occasions but was not heard because of a backlog of cases.

On other occasions, the accused did not turn up, prompting the police to consider a warrant of arrest. That would enable them to keep the suspect in custody in order to compel him to appear in court.

The UB student was reported to the police by officials of the Botswana Musicians Union responding to a tip off from an anonymous caller believed to be a musician whose pirated music was also on sale at the Gaborone railway station.

On November 7, 2006, Secretary General of BOMU, Nkgopolang Tlhomelang and Modibe Seabelo, nabbed the UB student following a sale he made to Gofitilwe Kebopetswe, who bought recordings by Culture Spears and Matsieng, believing that they were genuine originals.

The suspect pirate was arraigned for reproduction and sale of at least 36 recordings including. Among the pirated collection were'Kulenyane' - Culture Spears, Matsieng, Wizards, Nata Capricon's 'Dumelang, Alfredo Moss - 'Motho', Vee's 'Ditshipi', Bojo Mojo 3 and 4, Thandiswa's 'Zabalaza, Dash Board by Brown Dash, Shakira, Thabile Mazulwana's 'Vulani', Zola's 'Ibutho' and Mzambiaya' vs Chippa - 'Undisputed'.

According to Tlhomelang's police statement, there were also MP3 recordings by Lundi, Vuyo and Winnie, and more by Trompies, Oleseng and the internationally renowned UB 40's 'Reggae Culture' next to Dire Straits and Celin Dion.

Popular South African stars Brenda Fassie and Condry Ziqubu did not escape the vendor's collection. Neither did Botswana's pioneer comedienne, Dig Nash. The list includes other local reggae and gospel recordings.

Tlhomelang reveals in his police statement that the culprit confessed that he had more recordings on his computer at home.

According to Superintendent Theko: "The law requires that the instruments that were used for the reproduction of the pirated goods should also be impounded.

The computer or whatever item was used to record the music will also help to serve as evidence to show the source of the recordings." The police want to find the accused man's computer, says Theko. The police chief also revealed that although he had not yet received the latest update on the status of the investigations, he had seen the officers in charge of the case with the suspected pirate at the Borakanelo police station last weekend.

The cabinet minister responsible for copyright enforcement has not signed the 2000 Act thus creating a void in the legislation seeking to protect creative works. It is believed that the police will have to resort to the old penal code provisions against counterfeiting and illegal replication of works of art in order to charge the copyright offender.