GABORONE, BOTSWANA – The government of Botswana has formally repealed Section 164 of its Penal Code, the colonial-era law that criminalised same-sex intimacy. The move solidifies the country's position as one of the more progressive nations in Africa regarding LGBTQ+ rights and concludes a multi-year legal process.
While the law had been unenforceable for several years, its official removal from the statute books is a significant moment for the nation's LGBTQ+ community. The process began with a historic High Court ruling in 2019 which found the provision unconstitutional. At the time, Judge Michael Leburu stated that “human dignity is harmed when minority groups are marginalised.”
The government's subsequent appeal was dismissed by the Court of Appeal in 2021, rendering the law void. This final legislative step, undertaken by Attorney General Dick Bayford, officially erases the discriminatory text, leaving only provisions related to bestiality intact.
Local advocacy group LeGaBiBo (Lesbians, Gays and Bisexuals of Botswana) issued a statement welcoming the formal repeal. The organisation noted that the law had tangible negative impacts on the community, affecting access to healthcare, employment opportunities, and personal safety. "For many, these provisions were not just words on paper – they were lived realities," the group stated, adding that the repeal is a clear signal that queer people in Botswana "are not criminals" and are deserving of legal protection.
The development in Botswana stands in contrast to regressive legal trends in other parts of the continent. For the LGBTQ+ community in the Netherlands and across Europe, it serves as an important reminder of the ongoing and often difficult path toward equal rights globally.
Despite this progress, activists in Botswana note that challenges remain. The next significant legal frontier is the fight for marriage equality, which is the subject of an ongoing case.
