Barely two years after making the rule, the Court of Appeal in Botswana has started hearing a government attempt at overturning a landmark ruling that decriminalized homosexuality.
It would be recalled that Botswana’s High Court had in 2019 declared prison sentences for same-sex relationships as unconstitutional.
The Court decriminalized same-sex relationships in a unanimous ruling welcomed by the LGBTQ+ community in the southern African country and beyond.
Justice Michael Lebutu who made the announcement in 2019, said discrimination has no place in Botswana.
“A democratic society is one that embraces tolerance, diversity, and open-mindedness,” he said.
He added that continuing to criminalize sexuality and gender identity holds societies back from reaching their full potential, saying: “Societal inclusion is central to ending poverty and fostering shared prosperity.”
But in the recent move, the government is clamoring for the ruling to be overturned on the ground that courts have no jurisdiction in this matter, and instead should be an issue for parliament to decide.
Ricki Kgositau-Kanza, Executive Director at Accountability International said “A win out of the Court of Appeal is an affirmation of the fact that Botswana has indeed moved 20 steps ahead, not only of the former self of Botswana, but ahead of many other parts of the continent that still criminalise consensual adult same sex and same gender activity”.
It’s important to note that Botswana is one among a handful of countries in Africa to have decriminalized homosexuality. Other countries are Lesotho, Angola, Mozambique, the Seychelles and South Africa.
