Oliver Modise
5 October 2007
Gaborone — In a letter leaked to Mmegi, the Registrar of Societies has dismissed an application seeking to register a gay organisation, the Lesbians, Gays and Bisexuals of Botswana Organisation (LEGABIBO).
The application was made by the Botswana Network Of Ethics, Law and HIV/AIDS (BONELA) on behalf of LEGABIBO and filed with the Registrar of Societies on September 27 last year.
This letter rejecting the application is dated September 10, 2007 and is signed by Mabuse Pule as Acting Director in the Registrar of Societies' office. It states that a gay and lesbian organisation cannot be registered because it contravenes section 17(2)(a) and (e) of the Registrar of Societies Act. It is understood that the decision not to register the gay and lesbian society was taken amid fears that such an organisation would encourage criminal activities.
In the sections cited, the registrar has powers to refuse registration of any local society when it appears to him or her that the proposed society's objectives are likely to be used for an unlawful purpose, thus disturbing the country's peace, welfare and good order.
It is further said that the decision against the application was taken after officials concluded that registering a gays and lesbians' organisation would be inconsistent with the country's laws. Botswana laws criminalise homosexual activities under unnatural offences carrying a maximum of seven years' imprisonment. According to section 164(a) and (b) of the penal code, same-sex relationships are against the order of nature.
Contacted on the decision by the Registrar of Societies, BONELA's legal officer Uyapo Ndadi said the issue was still an in-house matter. "I am not in any position to disclose or discuss the issue because it is still confidential," Ndadi said.
A member of LEGABIBO, who spoke on anonymity, said their organisation was going to challenge government to court. "This is what we expected," he said. In 2003, the Court of Appeal ruled that section 164 of the penal code, which proscribes same-sex relationships is discriminatory. However, the court also held the view that this law against gays and lesbians was justifiable because Batswana could not condone such practices. This was in a case in which Utjiwa Kanane and Graham Nome were arrested and charged with engaging in unnatural acts between males.
Be the first to Write a Comment!
Copyright © 2007 Mmegi/The Reporter. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
