Botswana Removes Same-Sex Ban from Penal Code

Botswana has officially removed colonial-era provisions that criminalized consensual same-sex intimacy from its Penal Code, aligning the law with landmark constitutional rulings from 2019 and 2021. The amendment, published in March 2026, deletes paragraphs (a) and (c) of section 164, which had covered so-called "unnatural offences." This change leaves only bestiality under that section, bringing the written law into line with previous court decisions that decriminalized homosexuality.

LEGABIBO, a leading LGBTIQ+ advocacy group in Botswana, welcomed the move as a long-overdue reform. The organization stated that the old provisions had fueled stigma, discrimination, and fear, even after the courts had already ruled against them. The amendment sends a clear message that LGBTIQ+ people are not criminals and that their relationships deserve protection, not punishment.

Despite this progress, challenges remain. A same-sex couple in Botswana is currently challenging the country's Marriage Act in court, arguing that it denies them the right to marry. The case is due back in the High Court in July 2026.

This legislative change marks a significant step forward for human rights in Botswana, positioning the country as a progressive leader on a continent where many nations still criminalize same-sex relations.