Botswana High Court Has overturned a colonial-era law criminalizing consensual same-sex relations in a landmark victory for Africa’s Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) movements.
Tuesday June 11’s ruling according to the Star Magazine comes barely a month after Kenya’s high court endorsed its laws decriminalizing homosexuality.

Section 164 of Botswana’s penal code state inter alia “carnal knowledge of any person against the order of nature,’’ was considered criminal and was punitive with a seven-year jail term. Two years imprisonment was punishment for defaulters of section 167 which contravened “acts of gross indecency’’.
Local media reports say, in March this year, a student at the University of Botswana, Letsweletse Motshidiemang, presented a case in court arguing that “society had changed and that homosexuality was more widely accepted”.
While homophobic tendencies persist in Botswana, local LGBTQ activists and some supporters have marked some successes for moves in past years.
An Employment Act passed in 2010 made it unlawful for employers to cancel sexual-oriented contracts in the country. This laid modalities for trans people to easily change their gender on official national identification documents.
After last year’s chaotic assault on a transgender woman, the President of Botswana, Mokgweetsi Masisi, intervened and indicated his support for LGBTQ people, stating there were many people in same sex relationships in the country.
To him, these people due to fear of being discriminated, have silently been violated. The President as a result of what he considered violation unequivocally called for a respect of the said people’s rights such as any Botswana national.
June’s ruling is considered a historic victory for pro-homosexual activists and supporters, but religious bodies still emphatically denounce LGBTQ activities claiming they are ungodly.
Recently on social media, a French-speaking [African] military personnel [identified in a video as “commandant”,] was seen vigorously slapping a Member of Parliament for attempting to defend a Gay.
“It is rather unfortunate that several decades after independence, African leaders still pretend not to have learnt from the ills of the colonial rule epoch,” says Pan-Africanist cum journalist, Regis Che.
According to him, the development of the continent can only be a reality if African leaders backtracked from imitating the western culture and built a unique identity for Africa.