Meet the Botswana teacher who brought down its sodomy laws
After 2019 legal victory, Botswana erased its sodomy laws this year
Amid a widening crackdown on LGBTQ rights in much of Africa, Botswana has stood out in recent years for its progress on advancing queer freedom, from a High Court decision granting trans people the right to change legal gender in 2017, to an initial High Court judgement striking down its sodomy laws in 2019, to the government formally erasing those laws altogether this year.
The Office of the U.N. High Commissioner for Human Rights published this feature article profiling Letsweletse Motshidiemang, the openly gay teacher who brought the initial case challenging Botswana’s sodomy laws.
Botswana: A teacher’s legal victory for equality, dignity and love
In Botswana, colonial-era laws criminalizing same-sex relations were struck down by the High Court in 2019. The decision was upheld by the Court of Appeal in 2021, marking a landmark victory for the rights of LGBTIQ+ people in the country.
Botswana gained independence from United Kingdom in 1966. More than five decades later, the Southern African country took a major step towards equality when its courts ruled it unconstitutional to criminalise consensual same-sex relations.
The legal challenge was brought by Letsweletse Motshidiemang, a 21-year-old graduate in English and African studies, who decided to take the Government to court. He received support from civil society organizations LEGABIBO, BONELA and the Southern Africa Litigation Centre, which played important roles in the court victories and continue to provide vital support and advocacy for the community, despite operating with limited resources.
“The reason why I challenged the Government to decriminalize homosexual acts in our country is mainly because of my sexuality. I’m gay. So, the law affected me,” Motshidiemang said.
At the time, Botswana’s Penal Code criminalized consensual same-sex sexual conduct, with penalties of up to seven years in prison.
For Motshidiemang, the court ruling was more than a legal outcome. It was a recognition of the dignity and rights of LGBTIQ+ people.
“My success gave people the freedom to love,” he said.
When the High Court of Botswana found that the criminalization of same-sex relations violated the rights to liberty, privacy, dignity and non-discrimination, Motshidiemang described the ruling as a “legal victory.”
“It helped many people feel seen, safer and more confident to live openly,” he said. “Today, more conversations are happening, and many Batswana are becoming more tolerant and understanding.”
As the world marks Pride month, Botswana’s experience reflects both the progress that has been made and the work that remains.
UN Human Rights Chief Volker Türk has acknowledged recent progress for the human rights of LGBTIQ+ people globally, including in Botswana.
“The past year has seen some important progress for their human rights,” Türk said. “Botswana removed the provisions criminalizing same-sex conduct in response to court rulings.”
In his message, Türk warned against hate, noting that history has shown that when societies normalize hatred and discrimination against LGBTIQ+ people, they create conditions for wider repression.
For Motshidiemang, that warning resonates deeply. Although Botswana’s court rulings marked a major step forward, he says the lived reality for many LGBTIQ+ people remains difficult.
Motshidiemang, a Setswana teacher in North-Western Botswana, said the legal change was only one part of the journey.
“The struggle is not over,” he said. “We still face discrimination, rejection, violence and homophobia. Changing the law alone is not enough — we must also change hearts, attitudes and systems.”
He called for greater support and funding for like-minded human rights organizations working to protect the rights of LGBTIQ+ people.
“What we want now is simple: safety, equality, dignity and protection for all people, regardless of who they are or who they love,” he said.
