On 26 March 2026, the Botswana government published a notice amending the Penal Code, removing paragraphs (a) and (c) of Section 164, known as the ‘Unnatural Offences‘ clause. This change follows a 2019 High Court ruling, upheld in 2021, which declared the criminalisation of consensual same-sex activity unconstitutional, as it violated the rights to dignity, liberty, privacy, and equality.
The deleted provisions had previously criminalised acts described as “carnal knowledge against the order of nature“, with penalties of up to seven years in prison. The Attorney General, Dick Bayford, confirmed that only the offence of “carnal knowledge of an animal” remains under the unnatural offences section.
The High Court had stated at the time that personal autonomy in matters of sexual preference must be respected, and that criminalising love or fulfilment in love undermined compassion and tolerance.
Activists respond
LEGABIBO, a local LGBTIQ+ organisation, called the reform a necessary and long-overdue step toward restoring dignity and aligning the legal framework with constitutional values of equality and human rights. They added that the change sent a clear message that LGBTIQ+ individuals are not criminals and that their lives and relationships deserve protection, not punishment.
The group highlighted that the colonial-era provisions had long impacted the lives of LGBTIQ+ people, affecting access to healthcare, safety, employment, and the freedom to love and exist openly. Even after being declared unconstitutional, their continued presence in the law had sustained stigma, justified discrimination, and contributed to fear, silence, and exclusion.
LEGABIBO acknowledged that while the amendment does not erase past harm, it creates space for healing, inclusion, and progress toward full equality.
Ongoing fight for equality
The LGBTQIA+ community in Botswana continues to advocate for broader legal recognition. A same-sex couple, Bonolo Selelo and Tsholofelo Kumile, are currently challenging the constitutionality of the Marriage Act, arguing that it discriminates against them by denying the right to marry. The case is set to resume in the High Court in July 2026.
Overview of LGBTQIA+ rights in Botswana
Botswana has made significant progress in recognising and protecting the rights of LGBTQIA+ individuals in recent years. Same-sex sexual activity has been legal since 11 June 2019, following a unanimous ruling by the High Court of Botswana, which was later upheld by the Court of Appeal in November 2021. The courts found that criminalising consensual same-sex activity violated constitutional rights to dignity, liberty, privacy, and equality.
Transgender people in Botswana have the right to change their legal gender without undergoing sex reassignment surgery or hormone therapy, a right confirmed by the High Court in 2017. The court ruled that refusing to allow a transgender person to change their gender marker was unconstitutional and violated their rights to dignity, privacy, and freedom from discrimination.
Employment discrimination based on sexual orientation has been prohibited since 2010, and in 2019, the High Court ruled that the term “sex” in the constitution should be interpreted to include sexual orientation, providing stronger constitutional protections against discrimination.
Despite these advancements, same-sex marriages and civil unions are not legally recognised, and there are no laws addressing discrimination in areas such as housing, healthcare, or public accommodations. Additionally, while LGBTQIA+ individuals are allowed to serve openly in the military, there are no explicit laws protecting them from discrimination in this context.
Public opinion in Botswana has shown a gradual increase in acceptance of LGBTQIA+ individuals. A 2021 Afrobarometer poll found that 50% of respondents would welcome or not be bothered by having a homosexual neighbour, up from 43% in 2016.
LEGABIBO, the country’s primary LGBTQIA+ advocacy group, has played a crucial role in advancing rights and acceptance. After a lengthy legal battle, LEGABIBO was officially registered in 2016, allowing it to operate openly and advocate for the community. The organisation has since established offices and drop-in centres in several cities across Botswana.
