Mmegi

Gov’t defends refusal to recognise same sex marriage

The applicants, Tsholofelo Kumile and Bonolo Selelo, contend that the government's refusal to process a same-sex marriage application infringed rights
The applicants, Tsholofelo Kumile and Bonolo Selelo, contend that the government's refusal to process a same-sex marriage application infringed rights

The Botswana government has defended its refusal to process a same-sex marriage application. It argues that the country's laws do not permit marriages between people of the same sex and that officials acted lawfully when they declined to publish banns for the couple's intended union.

The government's position is contained in court papers filed in response to a legal challenge brought by two women who are seeking to marry under Botswana's Marriage Act. At the centre of the dispute is a decision by the Department of Civil and National Registration, communicated in a letter dated May 8, 2025, informing the applicants that “marriage in the manner you want is not supported by the law.” The applicants have challenged the decision, arguing that it was unlawful and unconstitutional. However, in its answering affidavit, the State maintains that the refusal was justified under existing legislation.

According to the government, the Marriage Act clearly contemplates marriage only between a man and a woman. The State relies heavily on provisions of the Act that refer to a “bridegroom” and a “bride,” arguing that the language demonstrates Parliament's intention regarding who may enter into a civil marriage. Government lawyers contend that the Act does not provide for marriages between persons of the same sex and that officials within the Department of Civil and National Registration were therefore unable to process the applicants' request.

Editor's Comment
Commitment by DPP to fight corruption welcome

Whilst many citizens put trust in their leaders that they are tackling one of the worst curses that can befall a country, the public has lost trust after all the cases seemed not to go anywhere.As the saying goes, ‘corruption is a cancer that eats away at the fabric of society’; corruption affects effective governance.Corruption affects delivery of services to the public and also crumbles most systems meant to assist citizens who are very...

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