Privacy and equal protection

The Southern Africa Litigation Centre, which supported LEGABIBO, reported that the judges found the challenged Penal Code provisions incompatible with constitutional protections including privacy, liberty and freedom from discrimination. Its case record identifies LEGABIBO’s role in presenting factual and legal evidence. [2]

Advocacy reached beyond the courtroom

The litigation concerned criminal penalties, but LEGABIBO also worked on access to services and protection from discrimination. A government report dated 24 January 2022 described a meeting between President Mokgweetsi Masisi and the organisation’s representatives. Chief executive Thato Moruti welcomed the dialogue and emphasised members’ equal rights. [3]

Court ruling and statutory follow-up

At that meeting, Masisi committed the government to the legislative follow-through needed to remove the offending provisions from the statute book. The commitment concerned removing the provisions from the written code following the 2021 constitutional ruling. [3][1]