Overview
- The government deleted the parts of Penal Code Section 164 that targeted consensual same‑sex intimacy, removing paragraphs (a) and (c) and leaving only bestiality under the section.
- The repeal brings the written law into line with a 2019 High Court ruling and a 2021 Court of Appeal decision that found the criminalization unconstitutional.
- Attorney General and Law Revision Commissioner Dick Bayford executed the amendment and cited violations of dignity, liberty, privacy, and equality as the legal basis.
- LGBTIQ+ group LEGABIBO welcomed the move, saying the old provisions fueled stigma and fear that hindered access to healthcare, employment, and personal safety.
- A separate court challenge by Bonolo Selelo and Tsholofelo Kumile seeks recognition of civil same‑sex marriage after officials in Gaborone rejected their registration, with religious and traditional groups trying to join the case and a High Court return expected in July.