19 Jun 2022

The experience of the LGBT community in Botswana is that last year’s Court of Appeal decision decriminalising same-sex relationships means nothing, as long as there is no law to that effect. 

Thus, according to a representative of the LGBT community here, their fate would remain hanging in the balance until such a law is in place. 

Ms Tapiwa Lephojane said this when presenting to the Presidential Commission of Inquiry into the Review of the Constitution Friday. She said Sections 13 and 15 in particular, which promoted and protected personal liberties should clearly defend the rights of the LGBTQ community. 

“The law should distinctly protect the LGBTQ community against any form of discrimination and be written in such a manner as to allow the transgendered to reassign their sex without any opposition,” she said. 

Ms Lephojane proposed that the government should holistically cater for the health needs of the transgender community the same way it did for those with HIV and AIDS. 

She submitted that the LGBTQ community wanted to enjoy the right to family like any other citizen and would therefore like the constitution to allow for same-sex marriages. 

In a post-event interview with BOPA, Ms Lephojane painted a grim picture of what it was like to be a transgendered person who lived in a conservative society, and who needed to do sex reassignment. 

“Mo nakong ya gompieno goromente ga a na dithuso dipe tse a di neelang batho ba ba hetogang mebele mme ke thulaganyo e e turang fela thata. Melemo, mekento le learo le le ka dirwang mo mothong o a itemogelang diphetogo tse di batla madi a mantsi go dirwa,” she said, adding that save for a few private facilities Botswana did not have proper facilities to conduct the surgery. 

The 31-year-old Lephojane said despite resistance and hostility from some members of the society who little understood their plight, there were equally supportive Batswana fighting from their corner. 

Earlier on, Kgosi Ishmael Legwaila of Botshabelo ward had proposed that corporal punishment should be administered on women, arguing that of late too many women had become wayward and needed to be dealt with accordingly. “Dilo di hetogile, basadi jaanong ke bone ba tlang ha. Ke a ba kopela,” he said, meaning he now had more cases of troublesome women than men. 

With regard to the death penalty, Kgosi Legwaila called on the law to remain steadfast and not to succumb to international pressure to decriminalise it. 

Another speaker, Ms Morongwa Sono suggested that counting of ballots after elections should be done at polling stations to ensure credibility of elections. Meanwhile, Mr Mothusi Sedumedi said he was opposed to capital punishment as it was not a deterrent enough. 

Mr Kenneth Tidimane suggested there should be a law that would compel the government to empower Batswana. 

For her part, Ms Malebogo Joseph complained that the voice of volunteers was silenced. She proposed the law should protect volunteers and guarantee their absorption into the public service when vacant positions became available. 

“A re sekasekelwe re hirwe ha di phatlha di le teng re itlhabolole,” she said. The majority of those who took to the podium suggested a number of constitutional changes, among them direct election of the president; no immunity from prosecution for a sitting president as well as the need to prosecute stock theft cases at the kgotla. ends