UB law academic seeks to intervene in same-sex marriage case
Mpho Mokwape | Monday June 15, 2026 06:00
The application was filed before the Gaborone High Court, and the main case involves applicants Bonolo Selelo and Tshofelo Kumile, who are challenging decisions related to civil registration. The Acting Director of Civil Registration, the Attorney General, and the Evangelical Fellowship of Botswana are among the respondents in the matter.
In her founding affidavit submitted to the court, Dr Moeti said she is seeking leave to intervene as an amicus curiae (friend of the court) to present evidence, legal arguments, and comparative research that she believes will assist the court in determining the case.
“I am the applicant in this matter and seek to be admitted as amicus curiae in these proceedings,” Dr Moeti stated in her affidavit. Moeti said she is a lecturer in the Department of Law and Criminal Justice at the University of Botswana and holds several academic qualifications, including a Doctor of Philosophy in Law from the University of Glasgow. Her doctoral research focused on human rights and minority rights.
She also holds master's degrees in Development Studies, Politics and International Relations, and Human Rights and Democratisation in Africa, as well as a Bachelor of Laws degree from the University of Botswana.
According to the affidavit, Moeti teaches courses including International Human Rights Law, Human Rights Law, Gender and the Law, Constitutional Law and Administrative Law. She said she has supervised extensive student research on sexual minorities' rights and related legal issues.
The lecturer told the court that she has worked on various human rights initiatives and currently serves on Botswana’s National Human Rights Strategy Committee. She also said she is enrolled as legal counsel before the African Court on Human and Peoples’ Rights.
Moeti listed a number of academic publications and conference presentations on human rights, women’s rights, indigenous peoples’ rights, and sexual minorities. She said her qualifications and experience make her suitably placed to assist the court.
“I aver that given my academic qualifications, current employment, research on human rights and women’s rights in particular and experience, I am properly placed and qualified to be admitted as amicus curiae in the main proceedings,” she said.
In her application, she argues that the case raises issues involving constitutional law, gender and the law, freedom of expression, constitutional supremacy and human rights law.
She said her role would not be to support any party in the proceedings but rather to provide legal research, comparative perspectives and expert analysis that may assist the court.
“My admission as amicus will be of assistance to the Court and not to assist any party to the proceedings,” she stated.
Moeti outlined several areas she intends to address if the court grants her application, and these include the protection of women’s rights in a constitutional democracy, the concept of equality and freedom of expression, public perceptions of human rights issues, and the significance of the principles of Botho and human dignity in relation to same-sex marriage.
She said she would argue that constitutional democracies have a duty to protect minority rights, including the rights of sexual minorities.
“A constitutional democracy thrives well where minority rights are guaranteed and protected,” Dr Moeti stated in the affidavit.
The lecturer further indicated that she intends to present comparative legal perspectives from countries that have addressed same-sex marriage through courts or legislative reforms. These include South Africa, the United Kingdom, the Netherlands and the United States.
According to the affidavit, she plans to provide information on how foreign courts and international human rights institutions have approached questions of marriage equality.
“I will demonstrate, through a comparative approach, how other countries and courts have dealt with the question of marriage equality,” she said.
Moeti also intends to submit reports and materials from international human rights bodies, United Nations agencies, and experts on same-sex marriage and equality issues. In support of her application, she argued that courts possess inherent powers to admit amici curiae where their participation may assist in resolving legal questions before the court. “It is trite that an amicus is permitted to adduce evidence where it will be of assistance to the Court,” she stated.
The lecturer described an amicus curiae as a non-party who helps the court by providing information on legal issues or relevant facts necessary for a proper determination of a case. She further argued that her submissions would be distinct from those of the parties already involved in the litigation.
According to the affidavit, she believes none of the parties will fully address international and comparative perspectives on same-sex marriage, the relationship between women’s rights and constitutional democracy, the relevance of public opinion, or the role of Botho and human dignity in the debate. “My submissions are relevant and will be different from those made by the other parties in the main matter,” she said.
Dr Moeti also informed the court that constitutional cases of significant national importance benefit from broad participation and diverse viewpoints. She said the issues before the court have attracted public attention and involve important constitutional questions affecting society.
In conclusion, Dr Moeti asked the High Court to grant her leave to participate as amicus curiae and to allow her to provide legal arguments, research and comparative perspectives that she believes may assist the court in reaching its decision. The High Court is yet to determine her application as the case was postponed on Monday.