On Monday, 29 November 2021, the Botswana Court of Appeal will issue a judgment on the decriminalisation case, Motshidiemang v Attorney General, the matter in which Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), with support assistance from the Southern Africa Litigation Centre (SALC), was admitted as amicus curiae (friend of the Court).
The appeal was heard before a full bench of five Botswana Court of Appeal judges on 12 October 2021. The State appealed the High Court decision of 11 June 2019, where a full bench of the Botswana High Court unanimously found that the criminalisation of consensual same-sex sex violates the constitutional rights of lesbian, gay, bisexual and transgender persons to dignity, liberty, privacy and equality.
LEGABIBO placed evidence before the Court on the negative impact of criminal laws, including fuelling stigma, discrimination, violence against the LGBTIQ community, prohibiting access to health services, and affecting persons’ mental health.
LEGABIBO is represented by Tshiamo Rantao and supported by the Southern Africa Litigation Centre (SALC)
Issued by the Southern Africa Litigation Centre and LEGABIBO