Botswana's highest court has said the organization Lesbians, Gays and
Bisexuals of Botswana (LEGABIBO) can be allowed to register. A
five-judge bench at the Court of Appeals said the refusal had been
unconstitutional.
Activists launched their legal battle after the Home Affairs Ministry rejected an application to register the gay rights lobby group.
But judges dismissed Home Affairs Minister Edwin Batshu's argument that registration might encourage the group's members to break the law.
"That concern or reason for refusal was irrational on the evidence before us, so there can be no question of his decision being necessary in the interests of public order," said Judge Ian Kirby, who handed down the ruling from a five-judge bench.
"It is clear that the government's decision [to seek the ban] interferes in the most fundamental way with the respondents' right to form an association to protect and promote their interest," he added.
The ruling means LEGABIBO will be able to register and campaign for changes in anti-gay legislation.
Activists launched their legal battle after the Home Affairs Ministry rejected an application to register the gay rights lobby group.
But judges dismissed Home Affairs Minister Edwin Batshu's argument that registration might encourage the group's members to break the law.
"That concern or reason for refusal was irrational on the evidence before us, so there can be no question of his decision being necessary in the interests of public order," said Judge Ian Kirby, who handed down the ruling from a five-judge bench.
"It is clear that the government's decision [to seek the ban] interferes in the most fundamental way with the respondents' right to form an association to protect and promote their interest," he added.
The ruling means LEGABIBO will be able to register and campaign for changes in anti-gay legislation.
No comments:
Post a Comment