On date 11 June 2019, the High Court of Botswana formally handed down a ruling acknowledging that Section 164 of that country’s penal code was discriminatory and should be struck down, marking a significant victory for local LGBTI+ groups.
While not ostensibly worded in such a way as to criminalise homosexuality, the law forbade “carnal knowledge of any person against the order or nature”, and has been used since the era of British colonial rule to arrest or harass gay men, transgender women and other members of the LGBTI+ community.
Having been originally challenged unsuccessfully in 2003, a petition was brought to the courts by an anonymous citizen, with publicity, advocacy and legal assistance coming from the Southern Africa Litigation Centre (SALC), and Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) who acted as friends of the court. LEGABIBO itself remains notable as the first formally-registered LGBTI+ NGO in Botswana and in 2018 hosted the biennial Pan Africa ILGA Conference in Botswana’s capital, Gaborone.
Prior to the ruling, LEGABIBO and SALC issued a joint-statement, which can be read here.
Over the course of court proceedings, Iranti has maintained a presence in order to document Botswana’s journey toward decriminalisation. Iranti has been working on this project in collaboration with Puo Pha Productions, which had a film crew present during the handing down of the verdict.
“It’s not often that I find myself at a historical moment like this judgement was, it was overwhelming and almost surreal,” says Vincent Moloi of Puo Pha Productions, “but it quickly dawned to me that there’s still work to be done in making sure this judgement really comes to life and positively impacts the people of this country.”
The as-yet untitled film, due to be released later in 2019, will document the lives of several queer BaTswana, and get input from local academics, politicians, activists and clergy to gauge the social and political impact that this ruling may have.
“We want to make a hopeful film that reflects pain, joy and all the intricacy that reflects a conservative, yet increasingly open-minded society. It’s a story of triumph,” says Vincent.”
Iranti would like to thank all our allies in Botswana and across the region for helping us bring this film to life, and to allow your stories to be told. We congratulate all who worked tirelessly to bring this positive ruling into the history books, and grant the LGBTI+ community their rights to dignity, association, safety and privacy!
