A same-sex couple in Botswana has taken the government to court in a landmark case that could reshape the country’s approach to marriage equality.
Bonolo Selelo and Tsholofelo Kumile are challenging the constitutionality of Botswana’s Marriage Act, arguing that it discriminates against them by failing to allow civil same-sex marriages.
The couple says the law denies them equal protection and prevents them from accessing the rights and responsibilities associated with marriage, including economic security, inheritance, and the ability to make medical decisions for one another.
Couple Challenges Marriage Act
Selelo and Kumile, who have been in a relationship since 2023, attempted to register their marriage with the Department of Civil and National Registration in Gaborone in April 2025. Officials rejected their application, stating that the law does not allow members of the same sex to marry.
Their legal challenge argues that the Marriage Act violates constitutional protections by excluding same-sex couples from civil marriage.
Religious and Traditional Groups Oppose Case
On Friday, several traditional and religious organisations applied to the Gaborone High Court to join the case as opponents of the couple’s bid to introduce marriage equality in Botswana.
The groups claim that same-sex marriage contradicts the country’s religious and cultural values.
Supporters of the organisations gathered outside the courtroom holding placards reading “say no to homosexuality”, “save Botswana” and “Botswana is a Christian nation”.
“Let Us Live Our Lives”
Speaking to YTV Botswana, Selelo said that it was in the nature of Batswana to “fight for love”.
She pointed to the example of Seretse Khama and Ruth Khama, Botswana’s founding President and First Lady, who faced widespread opposition when they married in 1948 as an interracial couple.
Selelo added that, “We are two people just saying, ‘let us live our lives, let us get married.’”
The case is set to resume in the High Court in July.
LGBTQ+ Groups Rally Behind the Couple
Botswana LGBTIQ+ rights organisation LEGABIBO expressed full support for the couple.
The group said that “this case is about dignity, equality, and the ability of two Batswana who love one another to enjoy the same legal protections afforded to other couples.”
LEGABIBO urged the public to avoid misinformation and harmful rhetoric, emphasising that public debate should not be driven by fear, prejudice, or hate.
“We also caution against the weaponisation of culture and faith in ways that seek to exclude or diminish the humanity of others,” the organisation said.
The group added that love, commitment, and partnership should not face condemnation or hostility but “should be recognized as part of the diverse ways in which Batswana build families, care for one another, and contribute to the fabric of our society.”
Legal Context in Botswana and Africa
Botswana decriminalised homosexuality in 2019, with the ruling later confirmed by the Court of Appeal of Botswana in 2021.
South Africa remains the only country in Africa where same-sex couples can legally marry. Around 30 countries across the continent still criminalise same-sex intimacy.
