Historic Botswana Same-Sex Marriage Case Moves Forward as More Parties Join

Couple Tsholofelo Kumile and Bonolo Selelo are fighting to secure their constitutional right to same-sex marriage in Botswana. (Screenshot: YTV Botswana)

Several organisations supporting and opposing a legal challenge by two women fighting for the right to marry in Botswana have been allowed to join the case.

On Friday, the Botswana High Court in Gaborone ruled on applications submitted in July by several organisations seeking admission to the case.

LEGABIBO Joins Marriage Equality Challenge

LGBTQ+ rights advocacy group LEGABIBO succeeded in its application to join as the third applicant in the matter, alongside the couple, Bonolo Selelo and Tsholofelo Kumile.

“We are delighted to be part of this historic case and look forward to the journey ahead as we continue advancing human rights, equality and justice for all,” said the organisation in a statement on Facebook.

The court also admitted the Botswana House of Prayer and Transformation, Dingwetsi Association and the Evangelical Fellowship of Botswana as respondents, joining the Government of Botswana in opposing the couple’s case.

University of Botswana human rights scholar Dr Onthatile Olerile Moeti was also admitted as an amicus curiae, or friend of the court.

Same-Sex Marriage Case Set for October

The court has set the main hearing in the constitutional challenge for 22 and 23 October, when it will hear the arguments in marriage equality case.

Selelo and Kumile are challenging the constitutionality of Botswana’s Marriage Act, arguing that it discriminates against them by failing to recognise civil same-sex marriages.

If the couple succeed, Botswana would make history as only the second African country to legalise same-sex marriage, following South Africa, which became the continent’s first nation to do so in 2006.

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