
The Botswana Network on Ethics Law & HIV/AIDS (BONELA) has reacted with anger at the conviction and sentencing of its client for sleeping with another man. He has been found guilty of violating section 164 of the Penal Code of Botswana and sentenced by a Gaborone Magistrate Court to three and half years, two of which have been suspended for three years. “When the matter started our client was charged with an offence of having had unlawful carnal knowledge with another man without his consent. This charge was unexpectedly altered to that of him having had carnal knowledge with another man contrary to section 164 of the Penal Code. The last charge criminalises same sex acts for being unnatural,” said BONELA in a statement. BONELA has always held the position that section 164 of the Penal Code should not be part of the laws of Botswana for several reasons. “Among others, section 164 of the Penal Code is unconstitutional as it discriminates against homosexual people; non-discrimination being a fundamental right to be enjoyed by all under the constitution. This was reiterated in the recently delivered LEGABIBO registration case that ‘nothing could be plainer and that there are no exclusions whatever,’”…