LEGABIBO, who appeared on Thursday before a three bench of the High Court as a friend to the proceedings, says studies conducted in the country have shown that the gay community is more prone to violence than any other group. The constitutional case that was between Letsweletse Motshidiemang, a gay man who was challenging the government’s criminalisation of same sex consensual relations between consenting adults saw LEGABIBO backing his challenge with studies carried out as to why the government needs to change its laws on same sex relations and repel sections 164(a) (c) and 167 of the Botswana Penal Code.
The provisions in the sections criminalise same sex sexual conduct between consenting adults in Botswana and impose a maximum sentence of seven years imprisonment. Lawyer Tshiamo Rantao in his submissions argued that the reason why the gay community is often assaulted was mainly due to the fact that the government enables the violence and assault towards homosexuals.“The law is an enabler, it gives leverage to people that assaulting a gay person is totally lawful and that cannot continue. The gay community is a minority and they cannot be allowed to suffer any further,” he said.Rantao challenged the constitutionality of sections 164(a) (c) and 167 saying it does not make sense that the government wants to regulate what transpires in people’s bedrooms.
