SAME-SEX DECRIMINALISATION APPEAL SET FOR OCTOBER AG challenges high court ruling
The quest for decriminalisation of same-sex relationships is expected to come before the highest court in Botswana, the Court of Appeal (COA), early next month.
The date for argument in the appeal case has been set for October 12th as government challenges the historic high court judgment for June 11th, 2019, decriminalising same-sex relationships.
In the landmark ruling, High Court Judge, Michael Leburu, in a 123-page judgment determined that, “It is not the business of the law to regulate private consensual sexual encounters with two consenting adults. The same applied to issues of privacy and or indecency between consenting adults.”
Leburu further statesd, “The time has come that private same sexual intimacy between adults must be decriminalised, as it is hereby proclaimed.”
Now government is challenging the high court decision.
In the grounds of appeal, the attorney general is of the view that the high court erred in finding that, “There existed evidence upon which to conclude that circumstances had changed sufficiently to undermine and justify the decision of the court of appeal in the Kanane-supra case.”
“The court below erred in, with respect, in severing and excising the word private from Section 167 of the penal code cap,” government appeal further reads.
Government further appeals that the June 11th, 2019 judgment decriminalising same-sex relationships be set aside with costs.
The case was filed back in May 2018, by one Letsweletse Motshidiemang supported by the Lesbians, Gays, and Bisexuals of Botswana (LEGABIBO) organisation, arguing that the criminalisation of
same-sex sexual activity limits the ability of LGBTQI+ people to access basic social services, increases risks of discrimination and infringes on their basic human dignity.
This is despite President
Mokgweetsi Masisi signalling support for the LGBTQI+ community, having been quoted saying, “There are also many people of same-sex relationships in this country, who have been violated and have also suffered in silence for fear of being discriminated. Just like other citizens, they deserve to have their rights protected.”