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This case discussion examines the recent judgment in Letsweletse Motshidiemang v The Attorney-General in which the High Court of Botswana decriminalised consensual same-sex sexual acts between adults. While many elements of the decision will have far-reaching implications for LGBT rights in Botswana and beyond, this note highlights three areas or themes in respect of which the judgment makes a significant jurisprudential contribution: (i) Its purposive approach to the interpretation of constitutional provisions gives expression to the underlying values of the Constitution, among others, democracy, pluralism, inclusivity, tolerance and diversity. The Court determines the scope of the rights in a way that upholds and relies upon constitutional values. (ii) The Court engages meaningfully with the state’s justification for limiting rights and freedoms; particularly meaningful is the Court’s rejection of bare assertions of or speculation about public morality and the extent to which the Court seeks to limit the role that public opinion plays in this inquiry. (iii) It used the participation of an amicus curiae to assist AFRICAN HUMAN RIGHTS LAW JOURNAL

african human rights law journal

Decriminalisation of consensual same-sex sexual acts and the Botswana Constitution: Letsweletse Motshidiemang v The Attorney-General (LEGABIBO as amicus curiae)