An appeal against a ruling decriminalising gay sex in Bostwana has been rejected by the country’s Court of Appeal.
The 2019 ruling was upheld on 29 November, something that resulted in the LGBTQ+ community hailing Botswana as a “true democracy”.
During the appeal, the state attempted to argue that public opinion on homosexuality had not changed and that the penal code made same-sex intercourse illegal.
The aforementioned penal code was drawn up under British rule and states that “carnal knowledge of any person against the order of nature” is forbidden, as well as making “indecent practices between persons” illegal.
Prior to the High Court’s ruling two years ago, having gay sex in the country could have resulted in up to seven years behind bars.
The decision was unanimously agreed on by all five judges, with Court of Appeal Judge President Ian Kirby stating that LGBTQ+ citizens being forbidden from consensual same-sex is a violation of their constitutional rights.
“Those sections have outlived their usefulness, and serve only to incentivise law enforcement agents to become key-hole peepers and intruders into the private space of citizens,” said Kirby.
The decision cannot be appealed again given that it was decided on by Botswana’s highest court.
LGBTQ+ community members cheered outside the court, with some even being moved to tears.
Speaking in front of it, Sethunya Mosime, chairperson of the Lesbians, Gays, and Bisexuals of Botswana (LEGABIBO), explained: “This will forever change the landscape of democracy, human rights and equality in Botswana. Finally the state will have no business in what two consenting adults do in their privacy.
“This case has tested Botswana democracy and independence of judiciary. We can strongly say Botswana is a true democracy.”
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