‘She does not back down’: the couple seeking to legalise same-sex marriage in Botswana

Bonolo Selelo and Tsholofelo Kumile, a same-sex couple from Botswana, have launched a legal challenge seeking the right to marry, a move that could make Botswana the second African country to legalise same-sex marriage after South Africa. The couple, who met in late 2023 and became engaged in 2024, were denied the ability to register their marriage by local authorities, prompting them to take their case to court. Hearings are scheduled for mid-July, with the government and traditional church groups mounting strong opposition to their bid. The couple’s case highlights the ongoing struggle for LGBTQ+ rights in Botswana, which decriminalised same-sex relations in 2019 following a landmark high court ruling that struck down a colonial-era ban. Despite this progress, the government maintains that the country’s Marriage Act defines marriage strictly as a union between a man and a woman. Botswana’s Attorney General has stated that the law does not recognise same-sex marriages, reflecting the broader societal and institutional resistance the couple faces. Selelo, a lawyer, emphasises the practical and legal protections marriage would afford Kumile, particularly in terms of inheritance and spousal rights, which are currently unavailable to same-sex couples. Their case not only challenges existing legal definitions but also confronts entrenched cultural and religious norms. The couple’s determination underscores a growing movement within Botswana for greater equality and recognition of LGBTQ+ relationships. The outcome of this case could have significant implications for LGBTQ+ rights across Africa, where same-sex marriage remains largely prohibited. A ruling in their favour would mark a historic shift in the region’s legal landscape, potentially inspiring similar challenges in other countries. However, the strong opposition from government and religious groups indicates that the road to marriage equality in Botswana will be contentious and closely watched.