Botswana: Marriage act contested

The article reports on a landmark legal challenge before the Gaborone High Court, brought by Bonolo Selelo and Tsholofelo Kumile, a same-sex couple contesting Botswana’s Marriage Act. The applicants argue that the law’s exclusion of same-sex marriages violates constitutional rights to equality, dignity, and legal protection. 

The story outlines how the couple was refused registration of their intended civil marriage and advised to marry in South Africa, a step they argue would deny them recognition and protection in Botswana. The article places the case within a broader legal and regional context, referencing South Africa’s legalization of same-sex marriage following constitutional rulings and examining Botswana’s civil, customary, and religious marriage frameworks. 

Perspectives from traditional leaders, religious groups, legal scholars, and LGBTQIA+ organisations highlight tensions between constitutional rights, cultural norms, and religious opposition. Advocacy groups argue that excluding same-sex couples from marriage entrenches inequality and undermines earlier court rulings that protect sexual orientation. The case is presented as a significant test of Botswana’s evolving constitutional jurisprudence and commitment to equal rights. 

LINK TO PUBLISHED STORY

https://weekendpost.co.bw/the-battle-over-same-sex-marriage-in-botswana/

This article, first published by Weekend Post , is part of the  Media Parity Capacity Building and republished as part of the programme series.