Criminalisation Of Same-Sex Relationships To Be Challenged

Mpho Mokwape | Monday December 10, 2018 14:34

 

In a statement released by advocacy rights group, Lesbians, Gays, and Bisexuals of Botswana (LEGABIBO), the High Court has set a full bench of Justices Abednigo Tafa, Michael Leburu and Jennifer Dube for March 15, 2019.

The bench is expected to hear the challenge of constitutionality of sections 164 (a) (c) and 167 of the Penal Code. The provisions criminalise same-sex sexual activities in the Botswana. According to the advocacy group, they will seek to advance before the bench on the set date of March 15 next year the practical effect and social impact of the sections on the lives of the LGBT community including how they limit their ability to access basic services and infringe on their human dignity.  “Decriminalisation of same-sex sexual activities is an important step towards advancing diversity of our nation,” LEGABIBO states.  The hearing of the case comes against the backdrop of the advocacy group having been fighting for the rights of the minority groups including lesbians and gays.

Just last year, the High Court decided in a case in which a transgender woman was seeking to be allowed to hold official documents that reflect her gender identity.

And in another fight for the homosexuals community, in 2016 the Court of Appeal (CoA) upheld a 2014 High Court ruling that found unconstitutional the decision of the Minister of Labour and Home Affairs to refuse the registration of LEGABIBO as a society, and ordered for its registration. The organisation had in February 2012 approached the Department of Civil and National Registration seeking the registration of LEGABIBO as a society under the country’s Societies Act.

The director of the department rejected the application, stating that the country’s Constitution does not recognise homosexuals and the registration of the organisation.

The CoA had held that Botswana was a diverse nation and that all persons including the minority group were entitled to protection of their constitutional rights and dignity, further emphasising that it was not a crime to be gay. Tshiamo Rantao represents LEGABIBO in next year’s matter.