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Court withholds judgment in Botswana gay rights group registration case

Xinhua, January 16, 2016 Adjust font size:

The Court of Appeal (CoA) in Botswana capital Gaborone on Friday reserved judgment in a case where the Botswana government is appealing registration of Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), as a society.

The case, which has been dragging since 2011 when LEGABIBO first tried to register, looked to be reaching a closure in November 2014 when the country's High Court ruled that the government acted unconstitutionally by blocking the registration of the group.

The gay rights group's celebrations were however short lived as the government announced earlier this month that it will lodge an appeal with the country's Court of Appeal.

In their grounds of appeal, the government said that the courts erred in fact by finding that the government conceded to LEGABIBO being entitled to protection in several sections of the Constitution of Botswana.

In his submission to the Court on Friday morning, the State representative Otsile Rammidi, argued that registration of LEGABIBO would open a floodgate for illegal activities such as homosexual acts, which the Botswana Penal Code describes as offences against morality.

He argued that the government believes that the order which was imposed on them to register LEGABIBO as a society is in violation of the Constitution of Botswana as it would appear that the government now encourages same sex in Botswana.

Attorney Dick Bayford, representing LEGABIBO, however said the government's position was irrational as among other reasons, the Registrar of Societies has powers to deregister any society that contravenes any section of the Societies Act.

He said the objectives of LEGABIBO include carrying out political lobbying for equal rights and decriminalization of same sex relations. He added that lobbying for legislative reforms is not per se a crime.

In his Judgment on November 14, 2014, Gaborone High Court Judge Terrence Rannowane ordered the Government of Botswana to register the LEGABIBO as a society. Endit