This week the Botswana Court of Appeal heard arguments around the 2019 decision to decriminalise homosexuality in the country. Prior to that gay sex had been punishable by up to seven years in prison.

The Botswana government is seeking to overturn the ruling.

The 2019 ruling had partly been made on the back of an argument that people’s attitudes in the country had changed towards homosexuality and that it should no longer be considered a crime. However, the government is arguing that there is no evidence that this is the case.

‘People don’t hate or dislike gays, they simply just don’t approve of what they do. It is not the court’s responsibility to gauge whether people’s attitude towards gay sex has changed. That responsibility should be placed with parliament to change laws,’ a lawyer acting for the government, Sydney Pilane, was quoted as saying.

It is expected that the court will take some time before handing down its decision because of the complexity of the matter.


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