Botswana’s government lost a legal attempt on Monday (29 November) to overturn a landmark ruling that decriminalised homosexuality. eNCA reports that the country's High Court in 2019 ruled in favour of campaigners seeking to strike down jail sentences for same-sex relationships, declaring the punishment to be unconstitutional. But the government sought to revoke the ruling, arguing that the courts had no jurisdiction in this matter.
“Since the appellant’s grounds of appeal have been unsuccessful… the appeal must fall,” the Court of Appeal ruled on Monday. It had started hearing the case in October.
Homosexuality had been banned since 1965 in conservative Botswana, where offenders could face up to seven years in prison. The 2019 judgment was hailed internationally as a major victory for gay rights. Judge Ian Kirby, who read out the ruling, said gay citizens had long lived in “constant fear of discovery or arrest” when expressing “love for their partners”.
“This sometimes led to depression, suicidal behaviour, alcoholism or substance abuse,” he said. Botswana is one of only a handful of African countries to have decriminalised homosexuality. Others are Lesotho, Mozambique, Angola and the Seychelles. SA is the sole nation on the continent to allow same-sex marriage, which it legalised in 2006.
eNCA article – Botswana loses court bid to revoke gay rights (Open access)
See more from MedicalBrief archives:
Judgment delayed in Botswana government’s appeal against decriminalisation of gay sex
Ghana’s draconian anti-gay Bill
Many MSM in Africa are missing out on treatment
Uganda Aids conference stalls in face of homophobia
Uganda surreptitiously reintroduces homosexuality ban in new Bill