The Botswana government has not taken an official position on homosexuality, Minister of Labor and Home Affairs Pius Mokgware confirmed this week.
He made the statement while responding to Serowe South MP Leepetswe Lesedi’s inquiry about whether the government plans to legalize same-sex marriages in the near future; requests for statistics on the number of homosexuals, heterosexuals, bisexuals, transgender, and asexual individuals in Botswana; and efforts underway to raise public awareness and acceptance of the LGBTQ community.
In his response, the minister noted that the Court of Appeal upheld the High Court’s 2021 ruling that decriminalized same-sex relationships. “In a nutshell, the court declared sections 164 and 165 of the Penal Code unconstitutional in that these provisions proscribed same-sex intimacy, which was deemed to be against the order of nature.”
Mokgware explained that these sections were found unconstitutional because they violated constitutional rights to privacy, liberty, and dignity. As a result, consensual same-sex intimacy is no longer prohibited. He acknowledged that challenges have arisen from varied interpretations of the court’s judgment, clarifying, “Simply put, the court meant that it would not be an offence for individuals who desire to practice such relationships.”
The minister further emphasized that the Marriage Act CAP 29:01 specifically provides for solemnizing marriages between a man and a woman. He added that his ministry is currently reviewing the Marriage Act to align it with Botswana’s Constitution, with consultations on issues such as this to involve various stakeholders.
Regarding data on sexual orientation, Mokgware stated, “The Ministry does not keep a record of people’s sexual orientation, and therefore does not have statistics indicating the numbers of persons falling under different sexual orientations.” He clarified that under the Births and Deaths Registration Act and the National Registration Act, the ministry’s mandate—through the Department of Civil and National Registration—includes registering births, deaths, and stillbirths, as well as issuing identity cards to qualifying individuals. “It is therefore not within the Ministry’s purview to keep records of an individual’s sexual preferences.”
Concluding his remarks, the minister said that public sensitization on the existence and acceptance of LGBTQ individuals in Botswana is a complex issue requiring open discussion, consultation, and understanding across multiple platforms. It necessitates collective input from all relevant stakeholders.