THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA equality for all citizens of Lesotho.62 This element of section 18 has been instrumental in advancement of the rights of women in Lesotho. However, exceptions to the general rule of non-discrimination include customary law. Section 18(4)(c) provides that the nondiscrimination provision shall not apply ‘customary law of Lesotho with respect to any matter in the case of persons who, who under that law, are subject to that law’. Customary law is mostly applied in cases relating to marriage, inheritance and succession to chieftainship. On the basis of this exception, the Constitutional Court in Senate Gabasheane Masupha v Magistrate Berea and Others held that section 10 of the Chieftainship Act 1968 in terms of which only first born male children are entitled to succeed to chieftainship is not unconstitutional as it is a rule of the customary law of Lesotho and therefore exempted by section 18(4) (c). 315. Based on the provisions of Section 18(4)(c), the Kingdom of Lesotho entered a reservation on Article 2 of CEDAW.63 316. Section 19 of the Constitution of Lesotho further recognises the right to equality before the law. 317. Section 26 of the Constitution provides that Lesotho shall adopt policies aimed at promoting a society based on equality and justice for all its citizens regardless of amongst others sex. 62 Section 18(4) (e) the proviso on the last paragraph thereof provides that nothing shall prevent the making of laws in pursuance of the principles of state policy of promoting society based on equality justice for all citizens of Lesotho and thereby removing any discriminatory law. 63 ‘The Government of the Kingdom of Lesotho does not consider itself bound by Article 2 to the extent that it conflicts with Lesotho’s constitutional stipulations relative to succession to the Throne of the Kingdom of Lesotho and the law relating to succession to chieftainship. The Lesotho Government’s ratification is subject to the understanding that none of its obligations under the convention especially in Article 2 (e) shall be treated as extending to the affairs of religious denominations. Furthermore, the Lesotho Government declares it shall not take any legislative measures under the Convention where those measures would be incompatible with the Constitution of Lesotho.” 113