Chapter three: Democracy and good political governance
police. In some of the districts visited by the CSAR, concerns were raised that domestic violence
was not only being experienced by women and children, but that, in some cases, men were also
increasingly becoming the victims of such violence. On the positive side, stakeholders pointed
to the establishment of the Gender and Child Protection Unit within the police service, though it
is obvious that this unit is not sufficiently capacitated to address problems of domestic violence
without the necessary legislation being in place.
293.
The primacy of traditional law in Lesotho still leaves many women, especially those in the rural
areas, as minors with little control over their own lives. Customary law marriages relegate these
women to a lifelong status as minors. Time and again, issues regarding inheritance rights and
laws were raised by stakeholders in this regard, and there was a clear indication that customary
discriminatory practices were increasingly being considered unacceptable. State stakeholders
in particular criticised such practices severely. Cultural practices and traditional socialisation
patterns inhibit women in the exercise of their rights and freedoms. In the realm of political
participation and decision-making positions, these patterns of socialisation seem to entrench
women’s subordination within a patriarchal culture, preventing them from fully exercising their
rights and freedoms. It is generally accepted that such deeply entrenched practices and norms can
only change where prolonged efforts are made across a broad spectrum of initiatives to enhance
and promote equality and to remove gender discrimination.
294.
However, Lesotho has made great strides in addressing issues of discrimination against women. In
this regard, the Legal Capacity of Married Persons Act 9 of 2006 stands as a lasting testimony to the
commitment of the government in this regard. The Act in effect eliminates discrimination against
women in all walks of life, with the exception of inheritance rights, which remain problematic
for women subject to customary law. At the time of the CRM visit to Lesotho, the government
was in the process of disseminating information on the Act among the rural population and the
Act had also been translated into Sesotho. Stakeholders nevertheless felt that a more concerted
effort regarding dissemination and training on the substance and implications of the Act was
necessary.
295.
The government has made several further efforts to improve the status of women and their
participation in political life and decision-making positions. In line with the SADC Declaration on
Gender and Development, and Addendum (1997), the government, through the Local Government
Electors Act (as amended) (2005), enacted a requirement that 30 per cent of local council seats
be reserved for women representatives. The success of this measure is to be seen in the fact that
local government councils now have 58 per cent female representation, and Lesotho has now
surpassed both the SADC 30 per cent target for 2005 and the AU/SADC standard of 50 per cent.
It should be noted, though, that the Act provides for such a quota in only three successive local
government elections. Lesotho has also exceeded the SADC 30 per cent target within the judiciary,
where 42 per cent of judges are women. Although Lesotho has only one city council (Maseru), 74
per cent of its city councillors are women, thereby surpassing both the 30 per cent target and the
50 per cent standard set by the SADC and the AU/SADC respectively.
296.
It would seem that the MMP election model has to some extent contributed to an increase in
the number of women in the National Assembly. Whereas only 4 per cent of the members of the
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