Para 94) Regarding non-discrimination to LGBTIQ+ community, on 29 November 2021, in the case of Attorney General v Motshidiemang, the Court of Appeal held that Section 164 of the Penal Code which prohibited consensual same sex relations is unconstitutional.
Para 62) AI stated that In November 2021, the Court of Appeal upheld a High Court judgment that declared a law criminalizing consensual same-sex sexual relations unconstitutional.71 JS1 stated that although some progress had been made in repealing offending criminal legislation, there still remained Section 167 of the Penal Code, which could be used to criminalize same-sex relations between consenting lesbian, bisexual and queer women.
Para 63) Noting the existence of mechanisms to eliminate all forms of discrimination against women, JS1 stated all of these mechanism were rooted in a heteronormative framework that did not include lesbian, bisexual, queer and transgender women.