Motshidiemang v. Attorney General Botswana (2019)

On Tuesday 11 June 2019, the High Court of Botswana in Gaborone held that Sections 164(a) & (c), 165 and 167 - which criminalise "carnal knowledge... against the order of nature", "attempts" to engage in such acts, and "gross indecency" respectively - are unconstitutional. In particular, the Court struck down Sections 164(a) & (c) and 165 as violative of Sections 3 (liberty, privacy and dignity), 9 (privacy) and 15 (non-discrimination) under the Constitution of Botswana 1966. With regard to Section 167 - which criminalises "any person who, whether in public or private, commits any act of gross indecency with another person" - the Court amended the provision to remove the word "private".