Originally published in Christian Daily International
The Evangelical Fellowship of Botswana (EFB) has applied to join Botswana’s High Court proceedings in a constitutional challenge that could make the country only the second in Africa, after South Africa, to legally recognise same-sex marriage.
The EFB, an umbrella body representing member churches across Botswana, filed its application through its legal team and presented arguments at High Court hearings in Gaborone on July 14 and 15. If admitted, the organisation will become a formal party to the case and will be entitled to argue its position when the main hearing takes place Oct. 22 and 23. A ruling on whether the church will be admitted to the case is expected Sept. 4.
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“In response to the ongoing legal challenge seeking to redefine marriage to include same-sex unions, the Evangelical Fellowship of Botswana has applied to join the proceedings. This ensures that the Church has a direct voice in defending both Christian, traditional marriage, and societal moral values,” EFB President Pastor David Seithamo said in a statement to church leaders across National Evangelical Alliances in Africa following the hearings.
“We deeply appreciate your continued prayers, fasting, and support towards these efforts by EFB and other organisations who are also fighting the same battle with us. The battle is the Lord’s,” Seithamo said.Stay informed with The Christian Daily NewsletterSign up
The underlying case
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In April 2025, Bonolo Selelo and Tsholofelo Kumile attempted to register their intent to marry at the Department of Civil and National Registration in Gaborone. Officials turned them away, citing Botswana law’s exclusion of same-sex couples, and reportedly advised them to marry in South Africa instead, according to court papers cited by AFP.
The two challenged Section 10(2) of the Marriage Act, arguing it violates several provisions of Botswana’s Constitution, including guarantees of fundamental rights and freedoms, protection from inhuman treatment, freedom of expression and association, and protection from discrimination. “We seek to enjoy the same rights, dignity and recognition as heterosexual couples in Botswana, in relation to solemnising our marriage,” Selelo said in her submission to the court.
A lawyer representing the EFB told AFP that the organisation believes same-sex marriage goes against the beliefs of its Christian members, and said church ministers have a further vested interest in the outcome because they are licensed to solemnise marriages under Botswana law.
The EFB filed its application jointly with two other organisations, the Dingwetsi Association of Botswana and the Botswana House of Prayer and Transformation. Dingwetsi, a non-profit that promotes traditional marriage and opposes divorce, has argued the case carries cultural as well as religious weight, saying Botswana’s customary law currently recognises marriage only between a man and a woman.
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Responding to the joinder bid, Selelo called it “awkward” that the church and Dingwetsi had chosen to oppose the couple’s marriage, noting that Batswana have a history of “fighting for love.” She pointed to the marriage of Botswana’s founding president, Sir Seretse Khama, to Ruth Khama in 1948, an interracial union that faced significant resistance at the time.
The EFB and its allies are not the only outside parties seeking a role in the case. Dr. Onthatile Moeti, a law academic at the University of Botswana, has filed her own application to participate as amicus curiae, or “friend of the court,” offering comparative legal research rather than taking a side, according to Mmegi. Botswana’s LGBTQ rights organisation, LEGABIBO, has filed its own application to be joined to the case in support of the couple, arguing in court papers that the outcome bears directly on the rights and legal status of same-sex couples across Botswana.
Legal backdrop
The marriage case follows a decade of shifting legal ground in Botswana. In 2019, the High Court ruled in Letsweletse Motshidiemang v. Attorney General that colonial-era sodomy provisions in the Penal Code were unconstitutional, a decision the Court of Appeal upheld in 2021.
In March 2026, the government formally deleted the colonial-era “unnatural offences” provisions from the Penal Code through a statutory instrument, aligning the written law with the 2019 and 2021 court rulings.
Marriage remains a separate legal question. Speaking in Parliament, Minister of Labour and Home Affairs Pius Mokgware said government policy on same-sex marriage remains undefined and that his ministry is reviewing the Marriage Act, with consultations to involve various stakeholders, according to the Botswana Gazette.
The High Court’s ruling on whether the EFB and its co-applicants will be formally joined to the case is due September 4. If admitted, they will argue their position alongside the other parties when the substance of the case is heard October 22 and 23 before a full bench of the High Court.
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