Gays take govt to court

ISAIAH MOREWAGAE
Staff Writer | Friday May 31, 2013 00:00

In court papers presented before Justice Terrence Rannowane, the applicants averred that they have formed an intention to assemble and associate under the name Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) and they had already developed a constitution governing and regulating an association.They want the court to declare the decision of the MLHA to refuse the second attempt at registering LEGABIBO to be in contravention of Section 3 of the constitution in so far as the said decision denies the applicants equal protection of the law.

They further want the courts to declare an earlier decision taken by the then Minister of Labour and Home Affairs, Peter Siele, to be in contravention of Section 12 of the Constitution of the Republic of Botswana in so far as the said decision has the effect of hindering the applicants in their enjoyment of their freedom of expression. The applicants also want the decision to be in contravention of Section 13 of the Constitution of the Republic of Botswana in so far as the said decision has the effect of hindering the applicants in their enjoyment of their freedom to assemble and associate.

'Declaring the decision of the Minister of Labour and Home Affairs' to refuse the registration of LEGABIBO to be in contravention of Section 15 of the Constitution of the Republic of Botswana in so far as the said decision is discriminatory in itself and in its effect, against the applicants, based wholly or mainly on the sexual orientation of the majority of the applicants,' the applicants stated in their papers.In setting aside the decision of then Minister of Labour and Home Affairs, the applicants want to be allowed to assemble and associate under the name and style of LEGABIBO.The applicants allege that on February 16, 2012, LEGABIBO made an application with the Registrar of Societies for the registration of LEGABIBO but the Director of Civil and National Registration rejected the application on March 12, 2012 on the grounds that the country does not recognise homosexuality. The minister later rejected the registration after the applicants appealed the decision of the director.

Interestingly, Siele provided a shoddy affidavit which does not clearly reveal his stand on the matter.  Though admitting that he refused  to register LEGABIBO, Batshu does not provide reasons save to say that homosexuality is not recognised by law. 'Where my decision limits any of the applicants' constitutional rights, it does so to a limited and justifiable extent.  Therefore, my decision in this matter does not deserve to be set aside,' Batshu wrote.