Reuters has confirmed that an appeals court in Botswana has upheld a 2019 ruling that decriminalised gay sex. The decision, praised by the LGBT community as establishing the country as a “true democracy”, struck off two sections of the penal code that had outlawed homosexuality.
The five judges of the court, led by Court of Appeals Judge President Ian Kirby, said the criminalisation of consensual same-sex activities violated the constitutional rights of lesbians, gays, bisexuals and transgender persons to dignity, liberty, privacy and equality.
“Those sections have outlived their usefulness, and serve only to incentivise law enforcement agents to become key-hole peepers and intruders into the private space of citizens,” Kirby said.
See some of the reactions on social media:
#DecrimBW #beyondtherainbow
Success for the LGBTIQA community in Botswana. 🏳️🌈🏳️🌈🏳️🌈🏳️🌈🎉🎉🎉 pic.twitter.com/NHbRHXmLC7— Keikantse E. Phele (@ke_phele) November 29, 2021
WE WON!!! 😭😭😭❤️❤️❤️🏳️🌈🏳️🌈🏳️🌈#DecrimBotswana
— Letlhogonolo Moremi (@EminentGrey) November 29, 2021