A lesbian couple in Botswana, Bonolo Selelo and Tsholofelo Kumile, appeared before the High Court, the country's highest judicial instance, this Tuesday to challenge the constitutionality of marriage regulations that ban same-sex unions.
In 2019, the High Court had already decriminalized same-sex relationships following an appeal filed by a homosexual student against the Penal Code—inherited from British imperialism—with the support of the Botswana Lesbian, Gay, and Bisexual NGO (LEGABIBO). However, LGTBI couples continue to lack legal recognition in the matrimonial sphere.
Bonolo Selelo and Tsholofelo Kumile, who formalized their engagement last year, attempted to register their marriage, but the authorities informed them that Botswana's current legislation only recognizes marriage between a man and a woman.
LEGABIBO, which is also participating in the proceedings, stated: "The Court has examined the applications from organizations and individuals seeking to participate in the process before the main constitutional challenge is heard (...) The path to equality and the advancement of Human Rights continues."
The High Court's role will not be to directly approve or invalidate same-sex marriage, but to rule on whether the current marriage law conforms to the Constitution. Even so, a favorable ruling could pave the way for Botswana to become the second country on the African continent to legally recognize LGTBI unions, after South Africa.