Botswana Government late Friday revealed that it will appeal a High Court decision legalising homosexuality in the country.
In a statement, Attorney General Abraham Keitshabe said “I have thoroughly read the 132 page – long judgment and 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.”
He said he had found it necessary in view of recent developments, concerning the above matter to release a statement on the position of the Attorney General regarding the decision of the High Court pertaining to the Constitutional challenge that Sections 164 (a), Section 164 (c) and Section 165 of the Penal Code.
The High Court had ruled in favour of the applicant Letsweletse Motshidiemang, a “gay” person following his decision to challenge the constitutionality of these Sections. Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) appeared as a friend of the court.
The provisions criminalize same-sex sexual conduct between consenting adults and prescribe a maximum sentence of seven years imprisonment.
A panel of three Judges of the High Court, namely Justice Abednego Tafa, Justice Michael Leburu and Justice Jennifer Dube unanimously ruled in favour of decriminalizing homosexuality.
KO/as/APA