Botswana Gov't to Appeal Last Month’s High Court Ruling Legalizing Gay Sex
Botswana’s government says it will appeal last month's High Court ruling that decriminalized homosexuality in the South African country.
In the landmark ruling issued on June 11th, the country's High Court struck down two colonial-era laws criminalizing consensual same-sex relations.
Justice Michael Leburu ruled that the laws were discriminatory, unconstitutional and against the public interest.
"A democratic society is one that embraces tolerance, diversity, and open-mindedness," Justice Michael Leburu ruled.
"Societal inclusion is central to ending poverty and fostering shared prosperity," he added.
Section 164 of Botswana's Penal Code recommended a maximum of 7-year jail sentence to those found culpable of "carnal knowledge of any person against the order of nature."
Section 167 stated that anyone found guilty of “acts of gross indecency" -whether in public or private, be sentenced to two years in prison.
The case was filed on March 2019 by Letsweletse Motshidiemang, a 21-year-old University of Botswana student.
In her case, Motshidiemang argued that society had changed and that homosexuality was more widely accepted.
Following the judgment that received praise from international organizations and activists, Botswana joined a handful of African countries that have legalized gay sex.
In a statement on Friday, Botswana Attorney-General Abraham Keetshabe said the high court was mistaken in its conclusion in overturning the colonial-era laws.
“I am of the view that the High Court erred in arriving at this conclusion and thus, I have decided to note an appeal with the Court of Appeal,” said Keetshabe.
Botswana’s ruling came weeks after Kenya’s high court upheld its law banning gay sex.
South Africa, Angola, Seychelles, Mozambique, Sao Tome and Principe, and Lesotho are the only African nations where same-sex relationships are legalized.
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“I am of the view that the…
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“I am of the view that the High Court erred in arriving at this conclusion and thus, I have decided to note an appeal with the Court of Appeal,” said Keetshabe.
This man is airing is own views,which is fine but he is not giving his reasons.Contrast that with Leburu's ruling..."A democratic society is one that embraces tolerance, diversity, and open-mindedness," Justice Michael Leburu ruled"Societal inclusion is central to ending poverty and fostering shared prosperity," he added.Couldnt agree more. Kenya should follow Mr. Leburu's ruling.After all its just sex...
Judges are supposed to…
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Judges are supposed to interpret, and not make laws. The legislature makes the laws.
And a Constitution is one…
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And a Constitution is one that embraces the Common Good. We have thieves among us. Do they also have a 'Constitutional Right' to exist, because they were 'born' that way? Was the Constitution made to serve Man, or was Man made to serve the Constitution? Should we also accept thieves amongst us, because they are 'different'? And if not, what is the difference between accepting one, and refusing to accept the other?
This is what happens when a…
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This is what happens when a minority's foreign custom is imposed on a majority by way of money and corruption. When a few judges decide for millions of the population.
This will eventually be the final split between the culture and customs of the west which have no boundaries and culture and customs of Africans which have boundaries.
As Africans,we must hold on to the due respect given to every gender,man,woman,boy and girl in a family unit and not fall for man-made creations that lead to destruction of the earth and human life as we know it.
Failure to do so, will make us animals and we will devour each other as we have been devoured by Imperialism, colonialism,neo-colonism, multi-corporation, world order/disorder.
Anonymous, we have destroyed…
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Anonymous, we have destroyed any semblance of our former selves with or without passing laws associated with homosexuality.
What's so African about African pop music, dancing styles, internet, corruption, greed, irresponsible parenting or lack thereof, gluttony, jealousy, stealing from the poor, "mummy" and "daddy" churches, alcoholism, "Ben tens" etc?
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