Motshidiemang v. Attorney General Botswana

Here, the High Court of Botswana held in a unanimous opinion that Section 164(a)/(c), 165, and 167 of the Botswanan Penal Code were unconstitutional. These sections criminalized same-sex relations. The Court held that 164(a)/(c), 165, and 167 violated Sections 3 (liberty, privacy, and dignity), 9 (privacy), and 15 (prohibiting discrimination) of the Botswanan Constitution. The Court modified Section 167, which criminalized the offence of gross indecency, to remove reference to private acts. The case overturned Kanane v State.

Topics

• Gender discrimination
• LGBTIQ

Geographical location

• Africa
• Botswana

Keywords

• criminal law and procedure
• constitutional rights

Year

• 2019

External URL

• Motshidiemang v. Attorney General Botswana

Court

• High Court of Botswana

Type

• Domestic Case Law

Jurisdiction

• Botswana