Botswana completes repeal of anti-queer sex laws

Botswana has formally removed colonial-era provisions criminalising same-sex intimacy from its statute books, more than six years after the courts first ruled them unconstitutional.

A government notice published on 26 March amends the Penal Code by deleting paragraphs (a) and (c) of Section 164, previously grouped under “Unnatural Offences”. These provisions had criminalised any person who “has carnal knowledge of any person against the order of nature” or “permits any other person to have carnal knowledge of him or her against the order of nature”, carrying penalties of up to seven years’ imprisonment.

The legislative update brings the law into line with the landmark 2019 Botswana High Court ruling, upheld by the Court of Appeal in 2021, which held that criminalising consensual same-sex sexual activity violates LGBTQ people’s constitutional rights to dignity, liberty, privacy, and equality, Mamba Online reports.

“Personal autonomy on matters of sexual preference and choice must, therefore, be respected,” the High Court stated. “Any criminalisation of love or finding fulfilment in love dilutes compassion and tolerance.”

Local LGBTQ+ organisation LEGABIBO welcomed the government’s move as “a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights.” The group said the change sends “a clear message that LGBTIQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”

LEGABIBO stressed that the now-deleted provisions had tangible consequences for queer people’s daily lives. They affected access to healthcare, personal safety, employment opportunities, and the ability to live and love openly. Even after being declared unconstitutional, their continued presence in the Penal Code was used to justify stigma, discrimination, and social exclusion.

While the amendment cannot reverse decades of harm, LEGABIBO said it “creates space for healing, inclusion, and continued progress toward full equality.”

Activists note that significant gaps remain in legal protection and recognition. A same-sex couple, Bonolo Selelo and Tsholofelo Kumile, is currently challenging the constitutionality of Botswana’s Marriage Act, arguing that it discriminates against them by denying access to civil marriage. Their case is expected to resume before the High Court in July, as the country’s LGBTQ+ community continues to press for comprehensive equality in law and in practice.