Botswana: Gay sex case before full High Court bench next week

On Thursday, 14 March 2019, a full bench of the Botswana High Court, sitting before the Honourable Judge A.B Tafa, the Honourable Judge M. Leburu and the Honourable Judge J. Dube, will hear a case challenging the constitutionality of sections 164(a), 164(c) and 167 of the Botswana Penal Code.

These provisions criminalise same-sex sexual conduct between consenting adults in Botswana and impose a maximum sentence of seven years imprisonment.

The organisation Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) is admitted as a friend of Court in the proceedings. 

LEGABIBO 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 persons’ ability to access basic social services, increases their chances to discrimination, and infringes on their basic human dignity. Read more via Voice