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Criminalisation of same sex relations challenged

MPHO MOKWAPE
LEGABIBO members PIC. THALEFANG CHARLES
A bench of three High Court judges is tomorrow expected to hear a case in which human rights groups are challenging the criminalisation of same sex relations.

The constitutional case led by Lesbians, Gays, and Bisexuals of Botswana (LEGABIBO) seeks court to decriminalise consensual same sex relations. 

According to LEGABIBO, they will challenge the constitutionality of sections 164(a) (c) and 167 of the Botswana Penal Code. 

The provisions criminalise same sex sexual conduct between consenting adults in Botswana and impose a maximum sentence of seven years imprisonment. 

The human rights group also seeks to advance reasons on the practical effect and social impact that the provisions have on the daily lives and experiences

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of LGBT persons. “Particularly how criminalisation of same sex sexual conduct limits LGBT person’s ability to access basic services, increases their chance of discrimination and infringes on their basic human dignity,” said LEGABIBO.

LEGABIBO in their main argument says the country is a diverse society and that the Constitution should protect the freedom and dignity of all people regardless of how they identify.

Meanwhile, the human rights group has previously won a case in which they sought their registration as a society.



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