Could Botswana’s Court Case Open the Door to Same-Sex Marriage?

A couple who met at a Pride celebration in Botswana could help secure a historic victory for LGBTQ+ equality after taking their fight for the right to marry to the country’s High Court.

Bonolo Selelo and Tsholofelo Kumile first met during a Pride event in Gaborone in October 2023.

Their relationship developed quickly, and the couple moved in together before becoming engaged during a hiking trip in 2024.

However, when they approached government officials in April 2025 to begin arranging their marriage, they were refused permission to register their intention to wed.

The Department of Civil and National Registration subsequently confirmed its refusal in a letter dated 8 May 2025.

The couple were reportedly advised that they could travel to neighbouring South Africa to marry instead.

Rather than accept that exclusion, Bonolo and Tsholofelo launched a legal challenge arguing that Botswana’s marriage legislation should not prevent same-sex couples from obtaining civil marriage recognition.

Supported by LGBTQ+ rights organisation LEGABIBO and the Southern Africa Litigation Centre, they argue that the refusal infringes constitutional protections relating to equality, dignity and freedom of association.

Their case centres partly on Section 10(2) of Botswana’s Marriage Act.

The couple contend that the provision does not necessarily exclude same-sex marriage, but if the court concludes that it does, they are seeking a declaration that the restriction is unconstitutional.

The case was heard before a five-judge High Court bench on 22 and 23 October 2026.

Government lawyers argued that any new framework recognising same-sex unions should be created through Parliament rather than imposed through a court judgment.

Religious and cultural organisations have also opposed the challenge, while supporters argue that civil marriage provides essential legal protections involving property, inheritance, maintenance and recognition as next of kin.

Botswana has already made significant progress on LGBTQ+ rights.

In 2019, the High Court ruled that laws criminalising consensual same-sex sexual activity were unconstitutional, a decision upheld by the Court of Appeal in 2021.

However, marriage equality has not followed, with South Africa remaining the only African country where same-sex couples can legally marry.

Judges are scheduled to deliver their ruling on 2 April 2027.

For Bonolo and Tsholofelo, the proceedings concern their right to marry the person they love, while the eventual judgment could also influence the legal position of other same-sex couples across Botswana.