Botswana's high court postpones ruling on anti-gay sex laws

Botswana' High Court ruling on the decriminalisation of same-sex relations within the country, was postponed on Thursday, 14 March.

Residing Judge Abednico Tafa informed the court the ruling will be postponed to 11 June, following a one-day hearing reports Reuters.

The history The case is a result of a petition filed last year, by a then-unknown Letsweletse Motshidiemang. Motshidiemang stated in the petition the criminalisation of same-sex marriages infringes on rights and safety of the individual, as well as perpetuating homophobia and discrimination.

This has gained momentum, as the Lesbian, Gay, Bisexual, Trans, and Intersex (LGBTI+) community within Botswana believes the country is becoming more accepting of differences in sexual orientation, lending to a change in the law.

According to Reuters, Motshidiemang's lawyer Gesego Lekgowe told the court they believe this too:

When the laws were put in place society was not ready to accept same sex relations

A changing mindset The growing acceptance of the LGBTI+ community in Botswana bodes well for the ruling. In 2017, the Lobatse High Court ruled in favour of a transgender man, whose request to change his identity document (ID) gender marker was refused.

The court found the refusal of the request to change the applicant's gender marker violated the individuals rights to freedom of expression, privacy, dignity, equal protection from the law, and protection from discrimination.

The current court case is challenging Section 164 of Botswana's Penal Code. Section 164 states any person who engages or who has carnal knowledge of a person going against the order of nature (engaging in gay sex), can be convicted for up to seven years in prison. In addition, indecent interactions or exposure between two same-sex individuals is also punishable with prison time - two years.

Botswana is not the first country to undergo this journey. A similar change in mindset has occurred in Kenya, where the country is waitin for a 24 May court date to hear the ruling on the decriminalisation of gay sex.

Gay-sex legalised Angola is further along. As stated by the Human Right's Watch (HRW), on 23 January, Angola decriminalised same-sex sexual relations. The prohibition of discrimation against an individual based on their sexual orientation was also introduced.

This occurred after Angola's parliament adopted its first new penal code since it's independence from Portugal in 1975. removing provisions inherited by its Portuguese colonisers, states HRW.

With what appears to be a change in mindset towards the acceptance of people regardless of their sexual orientation on the horizon, one can only wait in anticipation for the High Court ruling this coming June.

Tags: Botswanagay rightshuman rightslawsLGBTLGBTI

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