Couple files lawsuit challenging Botswana’s same-sex marriage ban

The Story

Bonolo Selelo and Tsholofelo Kumile have filed a court case seeking the right to marry in Botswana after a local government office told them it was not legal. Hearings are scheduled for 14 and 15 July. If successful, Botswana would become the second African country to legalise same-sex marriage after South Africa.

Key Facts

• Selelo and Kumile met on 1 October 2023 at a Gaborone Pride event and moved in together two months later.
• Selelo proposed during Easter holidays in 2024; they attempted to register their intent to marry a year later and were refused.
• The couple launched a court case; the government, traditional and church groups oppose it.
• Botswana decriminalised same-sex relations in 2019 after a high court ruling; the decision was upheld on appeal in 2021.
• A spokesperson for Botswana’s Attorney General said the Marriage Act defines marriage as between a man and woman.
• The couple argues the Interpretation Act supports their case, citing language that includes both sexes.
• In a 2021 Afrobarometer survey, 50% of Botswanans said they would like or not care about gay neighbours; in 2024 that fell to 41%.
• Legabibo runs a campaign called “Lorato Ke Lorato” (Love Is Love); Dingwetsi Association, a traditional women’s group, seeks to join the case opposing the marriage.

Conflicting Reports

The source article reports that the government defends its ban on same-sex marriage under the Marriage Act, while the couple argues that the Interpretation Act allows for same-sex marriage. Traditional and church groups oppose the case, while LGBTQ+ advocacy groups support it.

Still Unclear

No open questions identified in the source article.

Misconceptions

No widespread misconceptions addressed in the source article.

Key Figures

• Bonolo Selelo (lawyer, fiancée)
• Tsholofelo Kumile (fiancée)
• Grace Silver (founder of Dingwetsi Association)
• Moshe Morebodi (Botswana House of Prayer and Transformation)
• Tshepo Ricki Kgositau (Ricki Kgositau Foundation)
• Brandon Tereki and Tashatha (couple affected by the issue)
• Matlhongonolo Samsam (leader of Legabibo’s campaign)

Sources: The Guardian