Lesbians demand their day in court

OLIVER MODISE
Correspondent | Thursday April 30, 2009 00:00

Prisca Mogapi, a lesbian employed at Botswana Network Of Ethics, Law and HIV/AIDS (BONELA) and Caine Youngman, a gay member of LEGABIBO have indicated their intention to fight it out with government in court over section 164 of the penal code, which criminalises same sex relationships. The two want the provisions to be declared unconstitutional.

In 2007 the registrar of societies dismissed an application seeking to register LEGABIBO. The registrar stated that if registered LEGABIBO might be used for unlawful purposes. In their notice to sue the attorney general, Athaliah Molokomme, Mogapi was cited as the first applicant, and Youngman was cited as the second applicant. They are members of LEGABIBO, a group that was denied registration by the registrar of societies.

The notice filed last week Monday, signed by BONELA's legal officer, Uyapo Ndadi, states the constitution of Botswana is discriminatory.

'As a result of the said rejection, claimants face discriminatory tendencies and practices by their communities and live in fear of being prosecuted for violating the law,' state the two.

Ndadi is of the view that because of the discriminatory nature of Botswana's law, the two applicants are looked at as potential criminals.   As a result of this discrimination, Ndadi says that the two have been forced to cross the boarder into neighbouring South Africa 'where expression of their sexuality is not criminalised'. However, Ndadi says that the applicants are burdened by the discrimination and can no-longer take it anymore. According to Ndadi, the law that criminalises homosexuality violates the right to privacy and freedom of association.

The applicants state that government is violating their right to free speech as it criminalises the expression of affection between lesbians and bisexuals.

Further, the applicants state that although they are aware that in 2003 the court of appeal ruled that Botswana was not yet ready for homosexuality, they want to find out how the court arrived at this conclusion.

'The complainants contend, that the time is ripe to demonstrate that Batswana 's attitude towards homosexuality has softened and it is in the best interest of the country to decriminalise homosexuality,' states Ndadi.

LEGABIBO has indicated that though not registered, their objective is 'to integrate a legal, ethical and human rights dimension into the sexual, reproductive and health rights without discrimination. By the time of going to press, Molokomme was not was available to comment on the notice.