lesbians, homosexuals threaten suit against govt

By Oliver Modise (Mmegi)

December 7, 2007: Attorney Duma Boko, has slapped the Attorney General, Athaliah Molokomme with a notice of intention to sue the department of civil and national registration following its decision not to register the society of lesbians, gay and bisexuals (LEGABIBO).

Through a letter two months ago, it was revealed that the registrar of societies dismissed an application seeking to register the organisation. The letter further revealed that the rejected application was made by the Botswana Network On Ethics, Law and HIV/AIDS (BONELA) on behalf of LEGABIBO and filed with the registrar of societies on September 27 last year.

LEGABIBO stated that the organisation's objective is 'to integrate a legal, ethical and human rights dimension into the sexual, reproductive and health rights without discrimination'.

It is understood that the decision not to register the gay and lesbian society was taken because the organisation would be established contrary to Section 164 of the penal code, which states that: -

* "any person who has carnal knowledge of any person against the order of nature
* has carnal knowledge of an animal, or
* permits a male person to have carnal knowledge of him or her against the order of nature is guilty of an offense and is liable to imprisonment for a term not exceeding seven years".

The registrar has powers to refuse registration of any local society 'when it appears to him or her that the proposed society's objectives are likely to be used for an unlawful purpose, thus disturbing the country's peace, welfare and good order'.

LEGABIBO argues that the registrar's refusal to register the lesbian society was wrong. The notice from Boko states that the organisation is interested in promoting the participation of lesbians, gays and bisexuals in policy formulation.

The statement also submitted that LEGABIBO has an interest in tackling public health issues by advocating for a greater appreciation for the rights of lesbians, gays and bisexuals.

LEGABIBO has indicated that it was shocked by the registrar's decision, especially after submitting its application with a constitution.

"The objectives of the envisaged society are clearly set out under Article 4 of the Constitution submitted to the Registrar of Societies," reads the notice.

According to the notice, 'the decision to reject the application was improper and unlawful, and therefore deserves to be nullified'.

"Claimant holds the firm view that this matter implicates a whole array of constitutional rights and protections not least of which are the right to freedom of expression, freedom of association as well as the right to the equal protection of the law," it reads.

LEGABIBO contends that the director's decision should be declared null and void because it is unlawful and unconstitutional.

Last year the South African parliament made history and passed a bill that ushers in a law that recognises same sex marriages.

The development that happened to be the first of its kind in Africa at the time, has not yet found its way into Botswana domestic law.