LEGABIBO challenges same sex criminalisation in court tomorrow

The Gaborone High Court will tomorrow (Thursday) hear a case on the decriminalisation of homosexuality. Advocacy group, Lesbians, Gays and Bisexuals in Botswana, with the support of the Southern Africa Litigation Centre is challenging Botswana laws on homosexuality. Judges Dube, Leburu, and Tafa will hear this matter from the bench. LEGAGIBO is admitted as a friend of the court. In May last year, a gay man only identified as ‘LM’ filed a petition with the High Court, arguing that the anti-homosexual laws in Botswana are unconstitutional. In the papers, he argued that decriminalising homosexuality is a human right and is important for everyone to feel safe and welcomed. “Decriminalising homosexuality is about people’s lives, freedom and their right to live the life they want to and deserve. It is not only about the choice to choose who to love and sleep with but it is also about social security.” A media statement from the two parties indicates that LEGAGIBO seeks to advance submissions before the full bench of the High Court on the practical effect and social impact that sections 164 (a), 164 (c) and 167 of the Penal Code have on the daily lives and experiences of LGBT persons. “Particularly, the submission illustrates how the criminalisation of same-sex sexual conduct limits LGBT person’s ability to access basic social services, increases their chances to discrimination and infringes on their basic human rights,” it reads. It further states that “Botswana is a diverse society and the Constitution protects the freedom and dignity of all persons in the country, regardless of whether you are gay, lesbian, bisexual, transgender or intersex.” The press release notes that “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 rights to equal protection before the law.” Section 164 of Botswana’s Penal Code stipulates in part that, ‘carnal knowledge of any person against the order of nature is outlawed.’ Those convicted are liable to imprisonment of up to seven years.