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 imposes a
maximum sentence of seven years imprisonment.
The new head of state emphasized that LGBT persons deserve to have their rights protected like any other citizen in Botswana. His remarks followed a video that made rounds on social media displaying a transgender woman being physically and verbally attacked by a mob in Gaborone.
Botswana’s human rights record was assessed at the 3rd Cycle of the Universal Periodic Review (UPR) in Geneva, Switzerland. Botswana was commended by member states for the progress they have made in upholding the human rights of LGBT. With particular reference to the registration of LEGABIBO and according transgender persons the right to change their gender marker.
The Court ordered the respondents to change the gender marker on the applicant’s identity document (Omang) from ‘female’ to ‘male’ to protect his dignity and well-being. The Court previously issued an order that the applicant’s names and personal details remain confidential.
The government of Botswana yesterday announced the deportation of the head Pastor of Ariaona based Faithful Word Baptist Church, Steven Anderson. The President of the South African nation ordered the arrest and immediate deportation of the hate speech preacher after Anderson said gay people deserve to be killed; the pastor said this while giving an interview to a radio station, Gabs in Gabarone.
In a remarkable development, the City Council of Gaborone, Botswana’s capital, has called for the repeal of the country’s criminalisation of homosexuality. The council passed the unopposed motion on Wednesday, noting the importance of reducing the spread of HIV / AIDS.
16th March has gone down in history as a great victory for the Lesbian, Gay, Bisexual, Transgender and Intersex community in Botswana and Africa as a whole after LGBTI organization LEGABIBO (The Lesbians, Gays & Bisexuals of Botswana) won a court case where the state was instructed to register and officially recognize the sexual minorities’ body.
Festus Mogae, former Bostwana President who served between 1998 to 2008 is one of the few African leaders that have made an unwavering stand on issues regarding the Lesbian, Gay, Bisexual, Transgender and Intersex(LGBTI) community on the continent.