*Battle over same-sex marriage set for October
The constitutional challenge seeking to legalise same-sex marriage in Botswana took another step forward at the High Court in Gaborone this week, with the court hearing arguments from several organisations and individuals seeking to formally participate in the landmark case.
The proceedings centred on applications by parties seeking either to join the matter or to be admitted as amicus curiae(friends of the court) ahead of the substantive hearing of the constitutional challenge later this year.
Among those seeking to join the proceedings as co-applicants is LEGABIBO, Botswana’s leading lesbian, gay and bisexual rights organisation, which argues that the outcome of the case has significant implications for the LGBTQ+ community.
Human rights scholar Dr Onthatile Moeti also applied to participate as amicus curiae, saying his expertise could assist the court in determining the constitutional issues before it.
On the opposing side, the Evangelical Fellowship of Botswana, the House of Churches, and the Dingwetsi Association jointly applied to be admitted into the proceedings on the respondent’s side, arguing they have a direct interest in the legal and societal questions surrounding the definition of marriage in Botswana.
During Tuesday’s proceedings, legal representatives for all applicants presented submissions in support of their respective applications, while the court heard arguments on whether each party should be granted leave to participate in the case.
The court reserved its decision and scheduled September 4, 2026, to determine the joinder and amicus curiae applications. The substantive constitutional challenge on the recognition of same-sex marriage has been set down for hearing on 22 and 23 October 2026.
In an interview with this publication after court proceedings, Dingwetsi Association President and House prayer representatives stressed that they stand for the ordinary Motswana, to uphold Setswana culture.
“A lot has changed in Botswana, so much that we can rarely recognise the people we were. We are custodians of culture therefore it is our responsibility to speak for those who can’t make it here,” said Grace Silver.
Tshepo Kgositau of Ricki Kgositau foundation however begged to differ as she said that it is time Botswana stood for the rights of the minority.
“The Bible speaks of a Christ that is loving, tolerant and who spoke for the marginalised, Botswana still has a long way to go bug I do not see why two consenting adults should fight to love each other,” she said.
The outcome of the case is expected to have far-reaching implications for Botswana’s constitutional jurisprudence, particularly on questions relating to equality, dignity, freedom from discrimination, and the legal recognition of same-sex unions.
