DEFERRED
Ahead of the Penal Code Amendment Bill No. 29 of 2022 being deferred on Tuesday by Minister of Justice Machana Shamukuni, Member of Parliament for Francistown West, Ignatius Moswaane had already made a public declaration that he would not support a Bill that seeks to legalise “sodomy.”
The Bill was to be presented for debate in Parliament this Tuesday, but before the debate could even begin, the minister sought that it be deferred in order to allow for intensive interrogation of the constitutional issues raised with his ministry regarding the Bill.
"I therefore seek to satisfy myself that the views and concerns of all stakeholders pertaining to interpretation of the constitution are considered and that the provision of the revision of law Acts have been thoroughly interrogated," the minister said yesterday.
Members of Parliament were thus due to debate the Bill with the aim of amending Section 164 (a) and (c) of the Penal Code (Cap. 08:01), which criminalises carnal knowledge between two adults against the order of nature. Section 164 (a) and (c) was declared unconstitutional by the Court of Appeal in the case of Attorney General and Letsweletse Motshidiemang.
However, over the weekend, Moswaane had already made his mind clear on what he thinks about the matter when receiving a petition from scores of anti-gay protestors, led by the Evangelical Fellowship of Botswana (EFB) Churches in the Francistown region.
The Churches are against the amendment the bill, arguing that repealing Section 164 (a) and (c) of the Penal Code will open the floodgates of immorality.
The Churches have therefore been lobbying MPs to reject the bill, and Moswaane was unequivocal in his disdain for homosexuality, telling the weekend protestors that he would rather lose his parliamentary seat than to say NO to God.
Meanwhile, Apostle Dr Rose Kajinga of the EFB called on the nation of Botswana to uphold God’s biblical moral standards, as the bible is clear of human relationships and sexuality.
According to Kajinga, if Parliament decides to endorse the amendment of the Bill, there will be several social costs that should be expected in society. She said there is evidence that the prevalence of HIV/AIDS and other sexually transmitted diseases amongst homosexuals is high due to the nature of the practice.
“The marriage institution will be at risk as once homosexuality is legalized then the concerned individuals will demand for marital rights. In Botswana marriage practices involve the two families of the man and woman who intend to get married. There is lobola to be paid. So, who pays lobola if it is a man marrying a man or a woman marrying a woman and to which family? Marriage is a holy matrimonial institution established by God and must be kept pure,” Kajinga said.
She implored the Christian community to emulate the blended justice and grace of God as they continue to uphold the spiritual vision of holiness and morality of the nation.
Kajinga noted that when applying discipline, it should be emphasised that God’s provision of forgiveness and ability to bring about behavioural change in the lives of those who struggle against homosexuality is available.
The deferment must have come as a temporary relief to a lot of MPs as the Church and other anti-gay rights groups had put them under immense pressure. Yet there are legal opinions that the parliament exercise was just going to be a futile and unnecessary undertaking. Human Rights lawyer Uyapo Ndadi for instance, has been vocal against taking the matter to parliament, arguing that MPs have no business discussing a matter that has already been decided by the country's supreme court. After the debate on the Bill was deferred, Ndadi said: "The withdrawal confirms that the whole process was unnecessary as the courts have already decided. Same sex couples can continue to be sexually intimate as the sodomy law was long kicked out of bedrooms of consenting adults. The executive drew unnecessary attention to themselves and parliament."
The Bill was to be presented for debate in Parliament this Tuesday, but before the debate could even begin, the minister sought that it be deferred in order to allow for intensive interrogation of the constitutional issues raised with his ministry regarding the Bill.
"I therefore seek to satisfy myself that the views and concerns of all stakeholders pertaining to interpretation of the constitution are considered and that the provision of the revision of law Acts have been thoroughly interrogated," the minister said yesterday.
Members of Parliament were thus due to debate the Bill with the aim of amending Section 164 (a) and (c) of the Penal Code (Cap. 08:01), which criminalises carnal knowledge between two adults against the order of nature. Section 164 (a) and (c) was declared unconstitutional by the Court of Appeal in the case of Attorney General and Letsweletse Motshidiemang.
However, over the weekend, Moswaane had already made his mind clear on what he thinks about the matter when receiving a petition from scores of anti-gay protestors, led by the Evangelical Fellowship of Botswana (EFB) Churches in the Francistown region.
The Churches are against the amendment the bill, arguing that repealing Section 164 (a) and (c) of the Penal Code will open the floodgates of immorality.
The Churches have therefore been lobbying MPs to reject the bill, and Moswaane was unequivocal in his disdain for homosexuality, telling the weekend protestors that he would rather lose his parliamentary seat than to say NO to God.
Meanwhile, Apostle Dr Rose Kajinga of the EFB called on the nation of Botswana to uphold God’s biblical moral standards, as the bible is clear of human relationships and sexuality.
According to Kajinga, if Parliament decides to endorse the amendment of the Bill, there will be several social costs that should be expected in society. She said there is evidence that the prevalence of HIV/AIDS and other sexually transmitted diseases amongst homosexuals is high due to the nature of the practice.
“The marriage institution will be at risk as once homosexuality is legalized then the concerned individuals will demand for marital rights. In Botswana marriage practices involve the two families of the man and woman who intend to get married. There is lobola to be paid. So, who pays lobola if it is a man marrying a man or a woman marrying a woman and to which family? Marriage is a holy matrimonial institution established by God and must be kept pure,” Kajinga said.
She implored the Christian community to emulate the blended justice and grace of God as they continue to uphold the spiritual vision of holiness and morality of the nation.
Kajinga noted that when applying discipline, it should be emphasised that God’s provision of forgiveness and ability to bring about behavioural change in the lives of those who struggle against homosexuality is available.
The deferment must have come as a temporary relief to a lot of MPs as the Church and other anti-gay rights groups had put them under immense pressure. Yet there are legal opinions that the parliament exercise was just going to be a futile and unnecessary undertaking. Human Rights lawyer Uyapo Ndadi for instance, has been vocal against taking the matter to parliament, arguing that MPs have no business discussing a matter that has already been decided by the country's supreme court. After the debate on the Bill was deferred, Ndadi said: "The withdrawal confirms that the whole process was unnecessary as the courts have already decided. Same sex couples can continue to be sexually intimate as the sodomy law was long kicked out of bedrooms of consenting adults. The executive drew unnecessary attention to themselves and parliament."
