The Botswana parliament has suspended debate on a controversial anti-gay bill that would decriminalize same-sex relations in the country.
The bill came as a result of a 2019 judgement by the Botswana High Court and Court of Appeal which ruled that laws criminalizing consensual same-sex relations were unconstitutional.
But the bill has been raising serious concerns as religious groups have been staging protests in attempts to force the parliament to discard it and amend the country’s laws.
While deferring the bill on Tuesday, Minister of Justice, Machana Shamukuni told the parliament that public concerns over the introduction of the bill necessitated its suspension to give room for further consultation on the matter.
“I therefore seek to satisfy myself that the views and concerns of all stakeholders pertaining to the interpretation of the constitution are considered and that the provisions of the revision of law act have been thoroughly interrogated and made clear,” Shamukuni said while addressing the lawmakers.
“Mr. Speaker, it is on the basis of the above, that I beg to defer the Penal Code Amendment Bill 29 of 2022 to allow for intensive interrogation of the consultation issues raised with my ministry regarding the Bill,” the minister said.
He added that as a result of the suspension, the bill would be removed from pending debate in parliament but could be brought back at a later stage.
Prominent among the opponents of the passage of the bill is a coalition of Christian churches under the Evangelical Fellowship of Botswana (EFB) which staged a series of protests last month against attempts by the parliament to decriminalize homosexuality in the nation.
Chairman of the EFB, Pulafela Siele, who led a recent march to the parliament building, had told the legislators that the church wanted a referendum on the matter.
“EFB will continue monitoring and the whole church at large, developments on the proposed bill and shall deploy appropriate measures to preserve society against any anti-social behavior and practices,” Siele had said.
On the other hand, the Botswana Network on Ethics, Law and HIV/AIDS, which was part of the 2019 court case in support of the LGBTQ community, have also held protests aimed at pushing through the passage of the bill.
Its Executive Director, Cindy Kelemi, who spoke to journalists, said there was no need for a debate on the bill in parliament as a result of the favourable court ruling.
“We reiterate that this approach was not necessary. It was going to plunge our country into a constitutional crisis. As far as we are concerned, once the highest court in the land, the Court of Appeal, has issued a judgment, all that is left is for all people and all institutions to comply with such a law.
“We did not understand why Parliament would want to open a discussion on a matter that has been decided by our courts,” said Kelemi.