P a g e | 22 The drafting of the CPW Act is based on the best interest principle. Section 4 states that the best interest of the child shall be the primary consideration for all persons, courts, parents, institutions and other bodies in any matter concerning a child. This is intrinsically linked with Section 5 regarding a child's evolving capacity, whereby as a child ages they become more capable of making decisions for themselves. That is, the better capacitated a child is to consider a situation regarding their own well-being, the more weight should be given to that child's opinion. A child's view on their own adoption for instance must be sought where the child is over the age of ten (10) years and given the appropriate weight based on the child's capacity. Decisions surrounding a child during a parental marriage break-up must be made based on the principle of the best interest of the child in accordance with the Legal Capacity of Married Persons Act (2006) and CPW Act. The Court of Appeals maintenance case of Mapetla v Leboela [2012] LSCA 2 discussed the Court's duty to conduct investigation beyond evidence placed before it, if necessary, to ensure that the order serves best interests of the child. A child's evidence should be given in camera under the Sexual Offences Act (2003) where it is deemed to be in that child's best interest. Administration The National Strategic Plan 2012-2017 on VC explicitly states the best interests of the child as a guiding principle. It suggests that empowerment of families and communities, child participation, political commitment and multi-sectoral and decentralised approaches are necessary for its fulfillment. The Fostering and Adoption Policy of Lesotho follows this same guiding principle in its administration and monitoring of local and international adoptions. A distinct Children's Courts has been established in the capital Maseru, which employs child-friendly court practices in a less formal environment, based on the best interests of the children before it. Difficulties Despite efforts, a continued lack of broad dissemination of policy and legislative texts leads to limited knowledge and understanding of these underlying principles. Cultural practices and social attitudes regarding a child's role in the community mean that the value of children is not given sufficient weight. The long-term damage done by harm inflicted to young children is misunderstood and underestimated.

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