24 Jan 2022

Government has declared its commitment to ensure the Penal Code sections criminalising same-sex sexual conduct are repealed. 

 “The office of the Attorney General and the National Assembly are thereby expected to follow through with the due process of this to happen in out statutes,” President Dr Mokgweetsi Masisi to LEGABIBO representatives yesterday.

  According to the President, the meeting with LEGABIBO, an organisation advocating for the rights of lesbians, gays, bisexual and transgender groups followed the November 29, 2021 Court of Appeal judgement which drew to finality the long standing and contentious case challenging criminalisation of same-sex sexual conduct. 

Dr Masisi said the judgement  confirmed an earlier one handed down by the high court and declared sections 164 (a) and 164 (c) of the Penal Code  unconstitutional and therefore struck them down.

  The President said as a democracy, Botswana was not immune to current judicial thought that advanced expansion of human rights culture for all in policy and law. 

He said the move was part and parcel of adhering to the rule of law and upholding good governance and democracy as guiding principles of the nation.

  “It is my pleasure as head of state to have the opportunity of interacting with you for the enjoyment of democratic dispensation and freely share ideas going forward. Fear not, my job is to protect you and everyone else,” he said. 

  Meanwhile the organisation’s chief executive officer, Mr Thato Moruti has described the meeting with Dr Masisi as a positive step in line with the presidential Reset Agenda.

 He applauded Dr Masisi for open dialogue and recognising the rights of LEGABIBO members. 

“We have the same rights as any other citizen and human beings in our country,” he said.

The organisation also  commended President Masisi for being the first to recognise and highlight that people in same-sex relations existed in the country thereby providing relief for those who were violated and suffered in silence for fear of being victimized. 

Stating that human rights were core to society’s development, Mr Moruti said his organisation advocated for the promotion of exclusive human rights.

“Our work is in three areas. We stand to defend, promote and protect the rights of our members,” he said adding that the LEGABIBO provided services in the areas of legal and advocacy  social and economic as well as health and wellness. 

He said the organisation had made strides in partnering with government for the accessibility of services by LEGABIBO members as well as with  Ministry of Health and Wellness on HIV prevention and monitoring and establishment of support groups for members. 

Mr Moruti said the organisation associated fully with President Masisi’s vision of improving service delivery and Botswana’s economic status. 

LEGABIBO, he said, appreciated that as the country regrouped towards being a high income economy, a lot needed to be done. 

However, Mr Moruti said LEGABIBO members faced work discrimination resulting in them being either unemployed or under-employed which prevented them  from fully participating in the development of the country. 

ENDS