16 March 2016
Today, the Court of Appeal in Botswana upheld the High Court decision that ordered that LEGABIBO, a LGBTI rights movement in Botswana, be registered. This was after the Minister of Labour and Home Affairs refused to register the association. This marks the end of a long battle with the authorities to register LEGABIBO. The decision does affirm that any person, irrespective of their sexual orientation, has the freedom to associate and assemble.
When delivering judgment, Kirby Judge President had this to say, ” …It cannot be gainsaid that in Botswana all persons, whatever their sexual orientation, enjoy an equal right to form associations with lawful objectives for the protection and advancement of their interests. The refusal of the Minister to allow the registration of LEGABIBO was unconstitutional and stands to be reviewed and set aside on the ground of illegality as well”