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Botswanan Judges delays ruling that allows Gay Sex

Chaini Parwani –

Published On: October 13, 2021 at 09:00 IST

Botswanan Judges delayed ruling on a case in which the Government sought to reverse a 2019 Judgement that legitimized Gay Sex, claiming that the issue needed more Investigation and discussion.

The case was initially brought by a university student, Letsweletse Motshidiemang, whose representatives proclaimed then that the Government should abolish the Law in light of a modern society where homosexuality was more broadly accepted.

Gay sex has been punishable by up to seven years in prison.

Representing the State, Sydney Pilane informed the Court of Appeal that there was no verification that people’s attitudes had been modified.

“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,” Sydney Pilane stated.

Further Cindy Kelemi, the Executive Director of Human Rights Advocacy Organisation BONELA, stated outside the courtroom that Politicians are scared of losing elections and that the responsibility of protecting the minority cannot be given to the majority. 

Ian Kirby, President of the Court of Appeal, stated that it would require the Judges more than the normal one week period to commit a Judgment as the issue was major and needed substantial investigation and debate.

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