High Court Judge Assigned to Decriminalisation Case in Botswana

Published: March 9, 2011

Botswana High Court Judge Zibani Makwade has been assigned to Caine Youngman’s case suing the government over the criminalisation of homosexuality. Youngman is challenging Section 164 of the penal code that sanctions discrimination against him on the basis of sexual orientation and violates fundamental human rights and freedoms inherent in all human beings as guaranteed and protected by the Constitution of Botswana.

    High Court Judge Zibani Makwade has been allocated a case in which a confessed gay, Caine Yougman is suing state over the criminalisation of homosexual relationships. The dates of the case has not been set.

    In his founding affidavit, Youngman, 29 says he has never been able to freely express his sexuality because of the law that criminalises sex between people of the same sex referring to it as ‘carnal knowledge against the order of nature’.

    “In order to do so I have to cross the border to South Africa where my sexuality is recognised and protected by law.” Youngman says he hates to cross the border constantly as he suffers grave inconveniences both financially and travel wise.

Full text of article available at link below –

Leave a Reply