A constitutional challenge by two women seeking civil marriage recognition now includes LGBTQ+ advocates, religious groups and a human-rights scholar.
BONGANI MALUNGA
What began as a constitutional battle between a same-sex couple and the Government of Botswana has widened into a broader courtroom contest involving LGBTQ+ rights activists, religious organisations and constitutional questions over marriage and equality.
Applicants Expand
The Botswana High Court in Gaborone on Friday admitted several organisations that had applied in July to participate in the case.
LGBTQ+ rights advocacy organisation LEGABIBO was admitted as an additional applicant, joining Bonolo Selelo and Tsholofelo Kumile in challenging Botswana’s marriage laws.
“We are delighted to be part of this historic case and look forward to the journey ahead as we continue advancing human rights, equality and justice for all,” LEGABIBO said in a statement last Friday.
Religious Groups
The Botswana House of Prayer and Transformation, Dingwetsi Association and the Evangelical Fellowship of Botswana were admitted as respondents alongside the Government of Botswana.
Their participation adds a religious and civil-society dimension to a case that initially centred on the rights of one couple.
The court also admitted University of Botswana human rights scholar Dr Onthatile Olerile Moeti as a friend of the court, adding an academic and human-rights perspective to the proceedings.
October Hearing
The case is scheduled for substantive hearing on 22 and 23 October, when the High Court will hear arguments in the constitutional challenge.
Selelo and Kumile are challenging the constitutionality of Botswana’s Marriage Act, arguing that its failure to recognise civil same-sex marriages discriminates against them.
The expanded case now brings together the couple and LGBTQ+ rights advocates seeking greater legal recognition, religious and community organisations opposing the challenge, and Government as the constitutional dispute moves towards a substantive hearing.