Lobatse High Court Judge Michael Leburu scheduled a recent case in which a gay man has approached the court for an order that Section 164 (a) and (c) and Section 165, which criminalise sodomy, be declared unconstitutional.

He argues that they infringe various provisions of the Constitution, particularly because; they are not made for the good order and governance of Botswana, they are void for vagueness, they discriminate against homosexuals, they interfere with his right to liberty and the right not to be subjected to inhuman and degrading treatment.

Following the legal submissions, the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) was admitted as amicus curiae (a friend of the court) on November 1, 2017.

On February 7, 2018, LEGABIBO’s chief executive officer, Maithamako Anna Mmolai-Chalmers, filed an affidavit to elaborate on the research relating to the LGBT persons in Botswana. She avers that Sections 164 and 165 of the Penal Code contribute to perpetuating stigma and negatively impact on access to public services, including access to health care services. Read more via Mmegi Online