Botswana finally buries Colonial-Era anti-gay laws

This cleanup brings legal clarity and reduces stigma, placing Botswana alongside South Africa as one of Africa’s most progressive nations on LGBT rights Botswana has taken a decisive step toward legal clarity. In March 2026, through a statutory instrument known as the Rectification of the Laws (Penal Code) Order, the government formally deleted the colonial-era provisions from Section 164 of the Penal Code that once criminalized consensual same-sex relations. Paragraphs (a) and (c), vestiges of British Victorian morality imported in the late 19th century, have finally been erased from the statute books. Only the prohibition on bestiality remains in that section.

This move, executed under the authority of Attorney General Dick Bayford, doesn't rewrite history or invent new rights. It simply aligns dusty legal texts with a bolder judicial reality that has long existed. Botswana's High Court delivered a landmark ruling on June 11, 2019, in the case brought by Letsweletse Motshidiemang. The court unanimously declared the provisions unconstitutional, violating fundamental rights to dignity, liberty, privacy, and equality.