15 June 2026
The Botswana government has defended its refusal to process a same-sex marriage application. It argues that the country’s laws do not permit marriages between people of the same sex and that officials acted lawfully when they declined to publish banns for the couple’s intended union.
The government’s position is contained in court papers filed in response to a legal challenge brought by two women who are seeking to marry under Botswana’s Marriage Act. At the centre of the dispute is a decision by the Department of Civil and National Registration, communicated in a letter dated May 8, 2025, informing the applicants that “marriage in the manner you want is not supported by the law.”
The applicants have challenged the decision, arguing that it was unlawful and unconstitutional. However, in its answering affidavit, the State maintains that the refusal was justified under existing legislation.
According to the government, the Marriage Act clearly contemplates marriage only between a man and a woman. The State relies heavily on provisions of the Act that refer to a “bridegroom” and a “bride,” arguing that the language demonstrates Parliament’s intention regarding who may enter into a civil marriage. Government lawyers contend that the Act does not provide for marriages between persons of the same sex and that officials within the Department of Civil and National Registration were therefore unable to process the applicants’ request.
LEGABIBO says same-sex marriage exclusion is unconstitutional
The Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) has told the High Court that excluding same-sex couples from civil marriage violates constitutional rights. It also argues that the State cannot deny legal recognition to same-sex unions while extending marriage rights to heterosexual couples.
The rights organisation has made an application before the Gaborone High Court to be joined in the proceedings filed in the ongoing case brought by Bonolo Omphile Selelo Tsholofelo Seele Kumile and another applicant. The respondents in the case are the Acting Director of Civil Registration and the Attorney General.
At the centre of the dispute is a decision by the Department of Civil and National Registration to refuse the publication of bans for the couple’s intended marriage. In a letter dated May 8, 2025, the department informed the couple that “marriage in the manner you want is not supported by the law.”
UB law academic seeks to intervene in same-sex marriage case
The University of Botswana (UB) law lecturer, Dr Onthatile Moeti, has filed an application before the High Court seeking permission to participate as an amicus curiae, or friend of the court, in a landmark case concerning the recognition of same-sex marriage in Botswana.
The application was filed before the Gaborone High Court, and the main case involves applicants Bonolo Selelo and Tshofelo Kumile, who are challenging decisions related to civil registration. The Acting Director of Civil Registration, the Attorney General, and the Evangelical Fellowship of Botswana are among the respondents in the matter.
In her founding affidavit submitted to the court, Dr Moeti said she is seeking leave to intervene as an amicus curiae (friend of the court) to present evidence, legal arguments, and comparative research that she believes will assist the court in determining the case.
Source: https://www.mmegi.bw/news/govt-defends-refusal-to-recognise-same-sex-marriage/news & https://www.mmegi.bw/news/legabibo-says-same-sex-marriage-exclusion-is-unconstitutional/news & https://www.mmegi.bw/news/ub-law-academic-seeks-to-intervene-in-same-sex-marriage-case/news
