Where persons are of the opinion that their right to enjoy freedom of association is being infringed upon, they can take the matter to the courts. The Lesbians Gays Bisexuals of Botswana Association (LEGABIBO) recently sued the Government for refusing to register it as an association of homosexuals. Judgment on this matter was delivered on the 14th of November, 2014 wherein the High Court held that, “denying people whose sexual orientation is not a crime in Botswana......the right to register a society for the purposes of lawfully carrying out advocacy for, inter alia, decriminalization of homosexuality is a clear violation of their constitutional rights to freedom of…association contrary to Section 3 of the Constitution”...“In a democratic society such as ours, freedom of association, assembly and expression are important values duly protected by our Constitution…The enjoyment of such rights can only be limited where such limitation is reasonable and justifiable in a democracy28.” This matter went on appeal and the High Court decision was upheld. The Employment Act [CAP 47:01], the Trade Unions and Employers’ Organisations Act [CAP 48:01], the Trade Disputes Act [CAP 48:02], and recently the Public Service Act [CAP 26:01], promote the right to free association. Matters that fall under section 13 of the Constitution have been subjected to interpretation and decision by the judiciary. One such matter is that of Botswana Land boards Local Authorities Workers Union and Others V Director, Public Service Management and Another 2010 (3) BLR 351 HC, where the High Court, upholding the right to freedom of association held that, “This freedom (of association), like all other freedoms should be jealously protected not least by the judicial arm of the State. Without the freedom of association, the workers are bereft of protection. Any threat to this freedom has the effects of adversely affecting the very existence of the workers”. In the interest of defence, public safety, public order, public health and public morality, essential services such as Botswana Defence Force (BDF) and Botswana Police Service (BPS) are not allowed to form trade unions because they are the custodians of law and order. ARTICLE 12 FREEDOM OF MOVEMENT AND RIGHT TO SEEK AND OBTAIN ASYLUM 28See case Thuto RAMMOGE and others vs The Attorney General of Botswana, MAHGB00175-13 of November 14, 2014. Paragraph 57. 45 | P a g e