Botswana’s government on Monday lost an appeal to overturn a landmark ruling that decriminalized homosexuality in the country, reported Africa News.
In 2019, Botswana’s High Court had ruled in favor of campaigners seeking to abolish jail sentences for same-sex relationships, declaring the punishment to be unconstitutional.
But the government argued that the courts had no jurisdiction in the matter and sought to revoke the ruling.
“Since the appellant’s grounds of appeal have been unsuccessful… the appeal must fall,” Botswana’s Court of Appeal ruled on Monday.
The bench of five judges unanimously ruled that criminalizing same-sex relationships was a violation of the constitutional rights of LGBTQ+ individuals to dignity, liberty, privacy, and equality.
Botswana’s court had begun hearing the case in October.
Homosexuality had been banned in Botswana since 1965. Engaging in gay sex in Botswana was punishable by up to seven years in prison.
The court’s ruling given in 2019 was hailed internationally as a major victory for gay rights.
While reading out the ruling on Monday, Judge Ian Kirby said gay citizens had long lived in “constant fear of discovery or arrest” when expressing “love for their partners.”
“This sometimes led to depression, suicidal behavior, alcoholism, or substance abuse,” he said.
Homosexuality is illegal in many African countries, with convictions carrying a death sentence in some states.
Botswana is one of only a handful of African countries to have decriminalized homosexuality. Others are Angola, Lesotho, Mozambique, and Seychelles.
South Africa is the only African country to allow same-sex marriage, which was legalized in 2006.
“This will forever change the landscape of democracy, human rights, and equality in Botswana. Finally, the state will have no business in what two consenting adults do in their privacy,” Sethunya Mosime, chairperson of Lesbians, Gays, and Bisexuals of Botswana (LEGABIBO), said outside Botswana’s court.
