Gay rights activists will be challenging the constitutionality of sections of the Botswana Penal Code that criminalise same-sex sexual contact, in the country’s high court.
APA (Agence de Presse Africaine) learnt on Wednesday, 6 March 2019, that a full bench of the Botswana High Court will hear this case on 14 March.
Sections 164(a), 164(c) and 167 of the code make it illegal for anyone engaging in same-sex sexual conduct between consenting adults in Botswana and imposes a maximum sentence of seven years imprisonment.
The Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), seek to advance submissions before the full bench of the High Court on the practical effects and social impact of the said sections on the daily lives and experiences of LGBT persons.
“Botswana is a diverse society and the Constitution protects the freedoms and dignity of all persons in Botswana, regardless whether you are gay, lesbian, bisexual, transgender or intersex,” LEGABIBO Chief Executive Anna Mmolai-Chalmers said.
A lawyer with the Southern Africa Litigation Centre, Tashwill Esterhuizen was hopeful that the court would rule in favour of the application by the activists.
“Over the past three years, the Botswana courts have shown themselves to be champions of jurisprudence which acknowledges the rights of LGBT persons and their right to equal protection before the law,” Esterhuizen said.
– APA
