Laws regarding Same Sex acts in Botswana

According to chapter 08:01 of the penal code of Botswana the laws regarding homosexuality are as follows:

Section 164. Unnatural offence

“Any person who;

(a) has carnal knowledge of any person against the order of nature;

(b) has carnal knowledge of any animal; or

(c) permits any other person to have carnal knowledge of him or her against the order of nature, is guilty of an offenses and is liable to imprisonment for a term not exceeding seven years.”

Section 165. Attempts to commit unnatural offences

“Any person who attempts to commit any of the offences specified in section 164 is guilty of an offence and is liable to imprisonment for a term not exceeding five years.”

Section 167. Indecent practices between persons

“Any person who, whether in public or private, commits any act of gross indecency with another person, or procures another person to commit any act of gross indecency with him or her, or attempts to procure the commission of any such act by any person with himself or herself or with

another person, whether in public or private, is guilty of an offence.”

—Chapter 18:01, Botswana law (May 2008 ILGA world laws report)

These legal regulations establish the laws against homosexuality in Botswana. As recently as 1998 additions in the law added homosexuality between females; that is when a woman has sex with a woman, as also considered “indecent” under the law.

In 1994 a man named Utjiwa Kanane, was found and arrested with his lover, a British citizen, and charged with engaging in unnatural acts and indecent practices between males under sections 164 and 167 of the Botswana Penal Code. Ditshwanelo, the Botswana Center for Human Rights, appealed the decision repeatedly but as recently as 2003 the Botswana High Court in Francistown ruled that these regulations are neither discriminatory nor unconstitutional under Botswana’s law. Furthermore the High Court cited that they considered whether "public opinion in Botswana has so changed and developed that society... demands such decriminalization [of homosexuality]". They stated that there was no evidence before them to show that public opinion in Botswana has so changed.

Compiled by

M. Nicholson