Under section 164 of Botswana’s Penal Code, “carnal knowledge of any person against the order of nature,” was an offense that carried a maximum sentence of seven years imprisonment. Section 167 made “acts of gross indecency” — whether in public or private — a punishable offense, with up to two years in prison.
The case was brought to court in March by Letsweletse Motshidiemang, a 21-year-old student at the University of Botswana, who argued that society had changed and that homosexuality was more widely accepted, local media reported.
Out of 54 African countries, at least 32 of them have enacted laws making it illegal to have gay sex, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA).
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In parts of Nigeria and Somalia, and in Sudan, it is punishable by death; in Mauritania the death penalty is a possible punishment. In Tanzania, being convicted of having same-sex relations can result in life sentences.
In January, Angola’s parliament adopted a new penal code, for the first time since it gained independence from Portugal in 1975, which paved the way for lawmakers to remove the provision characterizing same-sex relationships as “vices against nature.”
Mozambique removed anti-gay laws in 2015, while São Tomé and Cape Verde have also abolished laws criminalizing gay relationships.
Although Kenya struck down the change to the law that criminalizes homosexuality in May — and remains a deeply conservative and religious society — its courts has shown some independence in recent years regarding LGBTQ matters.
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