Botswana has legalised gay sex
Anti-sodomy laws have been repealed after court ruled that they were unconstitutional.
Back in 2019, the High Court of Botswana ruled that Section 164 of the country's Penal Code was unconstitutional.
Section 164 banned sodomy - attaching a maximum 7-year jail term to men convicted of having anal sex with another man.
“Human dignity is harmed when minority groups are marginalised...” wrote Judge Michael Leburu in the 2019 judgement. “Sexual orientation is not a fashion statement. It is an important attribute of one’s personality. Personal autonomy on matters of sexual preference and choice must, therefore, be respected. Any criminalisation of love or finding fulfillment in love dilutes compassion and tolerance.”
The government appealed, but the appeal was refused in 2021, leaving Section 164 unenforceable.
It's taken a while for the legislative process to be completed, but media reporting confirms that the government has now amended Botswana's Penal Code and has removed the aspects of Section 164 that were found to be unconstitutional.
What's life like for LGBTQ people in Botswana?
What's life like for LGBTQ people in Botswana? Let's take a look at some of the key equality indicators.
Is homosexuality legal in Botswana?
Yes, Botswana's High Court decriminalised homosexuality in 2019. In 2026, Botswana's Penal Code was amended to remove the ban on sodomy.
Are there anti-discrimination protections for LGBTQ people in Botswana?
Yes, there are legislative and constitutional protections in place.
Is there Marriage Equality in Botswana?
No. There is no legal recognition of same-sex relationships.
What's life like for LGBTQ people in Botswana?
Botswana is generally seen as a socially conservative country, and there has been little visibility or acceptance of LGBTQ people. This does appear to be changing, with politicians beginning to make positive statements, and opinion polls showing that younger people in Botswana are more accepting of the LGBTQ community.
What's the history of homosexuality in Botswana?
Homosexuality and same-sex relations have been documented among various modern-day Botswana groups.
In the 18th century, the Khoikhoi people recognised the terms koetsire, which refers to a man who is sexually receptive to another man, and soregus, which refers to mutual masturbation, usually among friends.
The San people similarly did not regard homosexuality negatively, and various rock paintings depicting anal intercourse between men exist to this day.
The Tswana people, a Bantu ethnic group who make up the majority of Botswana's population, also have a local term to refer to homosexuality. The Tswana term matanyola, which literally translates to "anal sex", has long been used to refer to homosexuals.
Prior to colonisation, Tswana society did not share the Western concepts of sexuality and gender. Many Tswana men would have sex with men, but also have wives. Homosexuality was not viewed as an antithesis to heterosexuality - there was widespread liberty to engage in sexual activity with both men and women.
Traditional dikgosi (local Tswana chiefs) argue that homosexuality has always existed in Tswana society, and that such individuals should be respected.
This relative openness and indifference towards homosexuality disappeared after Botswana (then known as the Bechuanaland Protectorate) became a British protectorate in the 19th century, resulting in the enforcement of Victorian-era laws and social policies.
