National

The Botswana Penal Code proscribes against unnatural sexual liaisons between males [R1.1].

Chapter 08:01 of the Penal Code 13 provides -

Section 164. Unnatural offences

Any person who;
(a) has carnal knowledge of any person against the order of nature;
(b) has carnal knowledge of any animal; or
(c) permits any other person to have carnal knowledge of him or her against the order of nature,
is guilty of an offences and is liable to imprisonment for a term not exceeding seven years."

Section 165. Attempts to commit unnatural offences

"Any person who attempts to commit any of the offences specified in section 164 is guilty of an offence and is liable to imprisonment for a term not exceeding five years."

Section 167. Indecent practices between persons

"Any person who, whether in public or private, commits any act of gross indecency with another person, or procures another person to commit any act of gross indecency with him or her, or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or private, is guilty of an offence." [R1.1].

Courts & Tribunals

In February 2011, Caine Youngman, aged 29, and a member of an unregistered gay society called the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) made an application to the Court challenging the legality of Section 164 of the Penal Code that criminalizes same sex relationships [R2.2].

In May 2001, Utjijwa Kanani challenged the Penal Code provisions as being unconstitutional asserting the legislation discriminates against him by virtue of his gender and that it inhibits his freedom of association [R2.1].

The hearing was to have taken place on 31 May 2001 however no report of the outcome has been noted.