Govt appeals same sex decriminalisation judgement

Govt appeals same sex decriminalisation judgement PIC. KEIKANTSE PHELE
Govt appeals same sex decriminalisation judgement PIC. KEIKANTSE PHELE

PRESS STATEMENT by the Attorney General Regarding the High Court Decision of Letsweletse Motshidiemang vs Attorney General (Legabibo - Amicus Curiae) Mahgb - 000591 - 16

I have found it necessary in view of recent developments, concerning the above matter to release a statement on the position of the Attorney General regarding the decision of the High Court pertaining to the Constitutional challenge that Sections 164 (a), Section 164 (c) and Section 165 of the Penal Code (Cap 08:01, Laws of Botswana) are declared ultra vires (beyond the powers) the Constitution, in that they violate Section 3 (liberty, privacy and dignity); Section 9 (privacy) and Section 15 (discrimination).

The brief facts of the matter, which are common cause, are that the applicant Letsweletse Motshidiemang, a “gay” person instituted an application in the High Court challenging the constitutionality of these Sections. Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) appeared as a friend of the court. 

Editor's Comment
CoA brings sanity to DIS/DCEC long-standing feud

This decision follows the raiding of the office of the former Director General of the DCEC, Tymon Katlholo early 2022 and his staff officer by the DIS operatives who reportedly took files that they had targeted.After all back and forth arguments, the CoA has set the record straight giving an invaluable lesson to the DIS that it was no super security organ and it does not have any powers to cogently supervise other security organs including the...

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