It is not criminal to be attracted to someone of the same sex – LEGAGIBO

The Botswana government should ascertain what the crime is about being sexually attracted to someone of the same sex. Lawyer Gosego Lekgowe noted this during arguments in a case in which advocacy group LEGAGIBO (Lesbians, Gays and Bisexuals in Botswana) with the support of the Southern Africa Litigation Centre is challenging Botswana laws on homosexuality. Gaborone High Court one was packed to the rafters this morning as members of the gay community, media and curious members of the public converged to listen to arguments in the matter. Judges in the Bench were Abednego Tafa, Jennifer Dube and Michael Leburu. Lekgowe further said that homosexuals cannot partake in carnal knowledge freely as it is said to be against the order of nature He said that ‘order of nature’ was referred to as ‘anal penetration. He also argued that this law was derived from the ancient Indian law (Section 377), which insists that sexual intercourse must result in conception. Lekgowe also argued that public opinion must not determine what the courts must decide, particularly in the decriminalisation case. “Public opinion on LGBT has softened and some laws have included sexual orientation as a ground for non-discrimination in employment as provided for in the Employment Act,” he said. Lekgowe further noted that the right to dignity and privacy are rights that the Court must consider, as they are fundamental to the case. Meanwhile, Tshiamo Rantao also representing LEGAGIBO touched on how sexual orientation could be described. He referred the Court to the Rammonge case and the Yogyakarta Principles, saying that sexual orientation is purely a matter of feelings. He also argued that there is overwhelming research that there is widespread violence against LGBTI in Botswana. Rantao wondered whether there is public interest in private bedrooms, saying that the question should be what the law is doing in people’s bedrooms. In May last year, a reportedly gay man only identified as ‘LM’ filed a petition with the High Court, arguing that the anti-homosexual laws in Botswana are unconstitutional. In his affidavit, he stated that he identifies as homosexual and had, over the years, come to accept that while he is male, he is also sexually attracted to men.