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Lesotho

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39
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Country
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1001

A Practical Approach to Evidence for Judicial Officers: Common Law Sources and African Applications

The manual for judges and judicial officers explains the common-law origins of evidence law, then offers contemporary country-specific analyses of thirteen southern and eastern African countries with a shared common-law colonial history: Botswana, Eswatini, Kenya, Lesotho, Malawi, Mauritius, Namibia, Seychelles, South Africa, Tanzania, Uganda, Zambia, and Zimbabwe.

Anti-Trafficking in Persons Act

This Act criminalizes slavery in all forms and provides protection and support for victims of trafficking. As defined by the Act, "'exploitation' includes, at the minimum, induced prostitution and other forms of sexual exploitation, forced marriage, forced or bonded services, or practices similar to slavery, servitude or the removal of human organs." The definition of trafficking is comprehensive and defined in Part 2, Section 5(3) of the Act.

Companies Act

The Companies Act of 2011 enshrines in law the right of women to serve as directors of companies. According to the law, women are allowed to establish companies on their own, and the law removes the onus on women of securing spousal consent through Section 5(2), which establishes that “anything contained in the customary or common law” that pre­vents a married person from acting as promoter of a company “without his or her spouse’s con­sent” be disregarded and overridden.

Constitution of Lesotho

Section 18(1) of the Constitution makes any law with discriminatory provisions or effect presumptively invalid. Discriminatory is defined as “affording different treatment to different persons attributable wholly or mainly” to their respective descriptions by race, colour, sex, language, and so on. However, Section 18(1) is limited in its scope by the exceptions enumerated in Section 18(4).

Education Act

The Education Act of 2010 makes primary education free and compulsory for male and female children. Part 2(4)(2)(C) states that “The Minister, Principal Secretary, Teaching Service Commission, proprietors of schools, teachers and school boards shall promote the education of the people of Lesotho” and “ensure that the learner is free from any form of discrimination in accessing education.” While Part 9, Section 41 of the act establishes that at least two of the five members of the proposed Teaching Service Commission must be women.

Lesia v. Lesia

Mrs. Lesia filed an application for relief against her husband, alleging that he abandoned his family, abused her, and was attempting to sell their home without her consent. She alleged that she built and paid for the home, and so sought to have her husband enjoined from selling it. The court issued an interim order granting the requested relief. The defendant disregarded the court order, continued his efforts to sell the home, and threatened to kill Mrs.

Makafane v. Zhongxian Investment Pty Ltd.

The applicant was dismissed by her employer, the respondent, because of operational requirements. The applicant was employed by the respondent from 1 November 2007 until her dismissal on 24 October 2012. The applicant claimed that she was dismissed unfairly because she was pregnant. Prior to her dismissal, the applicant delivered a letter from the Qacha’s Nek Hospital stating that she was pregnant and would be required to attend monthly clinics until she delivered her baby.

Masupha v. Senior Resident Magistrate for the Subordinate Court of Berea

The petitioner, Senate Masupha, is the firstborn, female child of a late principal Chief.  Because there were no firstborn males in his immediate family, upon his death, the late Chief’s wife and the petitioner’s mother was appointed as a caretaker Chief in accordance with the Chieftainship Act.  Following the death of the late Chief’s wife in 2008, the late Chief’s younger brother instituted a claim for inheritance of the chieftainship before a magistrate’s court, which was challenged by the late Chief’s son from a second wife, as well as that son’s mother.  The petitioner,

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