Lesbians, Homosexuals Threaten Suit Against Govt
06 Dec 2007- Botswana-
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.
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