The 2019 ruling was upheld on 29 November, something that resulted in the LGBTQ+ community hailing Botswana as a “true democracy”.
During the appeal, the state attempted to argue that public opinion on homosexuality had not changed and that the penal code made same-sex intercourse illegal.
The aforementioned penal code was drawn up under British rule and states that “carnal knowledge of any person against the order of nature” is forbidden, as well as making “indecent practices between persons” illegal.
Prior to the High Court’s ruling two years ago, having gay sex in the country could have resulted in up to seven years behind bars.