Botswana’s parliament on Tuesday abandoned debate on a bill that if passed would decriminalize same-sex relations. In 2019, Botswana’s High Court and Court of Appeal ruled that laws criminalizing consensual same-sex relations were unconstitutional. But religious groups protested the attempt to amend the country’s laws.
Minister of Justice Machana Shamukuni told parliament Tuesday that public concerns over introduction of the bill have necessitated further consultation on the matter.
“I therefore seek to satisfy myself that the views and concerns of all stakeholders pertaining to the interpretation of the constitution are considered and that the provisions of the revision of law act have been thoroughly interrogated and made clear," said Shamukuni.
He said as a result the bill will be removed from pending debate in parliament but could be brought back at a later stage. However, this is not expected during the current sitting of the National Assembly, which concludes at the end of August.
“Mr. Speaker, it is on the basis of the above, that I beg to defer the Penal Code Amendment Bill 29 of 2022 to allow for intensive interrogation of the consultation issues raised with my ministry regarding the Bill,” said Shamukuni.
A coalition of mostly Christian churches under the Evangelical Fellowship of Botswana, or EFB, recently staged protests over any attempt to decriminalize homosexuality in the southern African nation. EFB chairman Pulafela Siele led a recent march to the parliament building. He said the church wants a referendum on the matter.
“EFB will continue monitoring and the whole church at large, developments on the proposed bill and shall deploy appropriate measures to preserve society against any anti-social behavior and practices,” said Siele.
The Botswana Network on Ethics, Law and HIV/AIDS, known as BONELA, was part of the 2019 court case in support of the LGBTQ community.
Cindy Kelemi is BONELA’s executive director and said the matter should not be debated in parliament.
“We reiterate that this approach was not necessary. It was going to plunge our country into a constitutional crisis. As far as we are concerned, once the highest court in the land, the Court of Appeal, has issued a judgment, all that is left is for all people and all institutions to comply with such a law. We did not understand why Parliament would want to open a discussion on a matter that has been decided by our courts,” said Kelemi.
With the Court of Appeal reaffirming the lower court’s ruling in 2021, Botswana became one of few African countries to legally allow same-sex relations.
Several other countries — most prominently Uganda — have instead passed stiffer legislation against homosexuality.
