Botswana officially removes colonial-era anti-gay laws from Penal Code
via Mmegi1 min read
Botswana has officially removed colonial-era laws criminalizing same-sex relations from its Penal Code, years after the High Court declared them unconstitutional in 2019, a ruling upheld by the Court of Appeal in 2021. This action, implemented in March 2026 via the Rectification of the Laws Penal Code Order, formally deletes paragraphs a and c from Section 164 of the Penal Code. Attorney General Dick Bayford oversaw this move, which aligns legal texts with the judicial reality established by the High Court's 2019 ruling in the case brought by Letsweletse Motshidiemang. The court had found these provisions violated fundamental rights to dignity, liberty, privacy, and equality. This step provides legal clarity and reduces stigma, positioning Botswana alongside South Africa as a progressive nation on LGBT rights in Africa.
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