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 365. In terms of the Legal Capacity of Married Persons Act, both partners have equal rights to acquire and administer the property of the joint estate. Choice of marital regime 366. A Sesotho customary marriage is automatically in community of property while a Civil rights marriage can be in or out of out of community. If no express choice is made, the default marital regime is in community of property. The predominant marital regime in Lesotho is in community of property. 367. There are several challenges with regard to the choice of marital regime in Lesotho. These include the fact that in practice the marriage officers do not give the parties the information as to the existence of the other regime and therefore they are under the impression that all marriages are in community of property. 368. Although there are two separate marital regimes in Lesotho, many marriages are a combination of the two in that, even when a civil rights marriage is intended, the union always begins with customary rituals including negotiations between the two families, agreement and payment of bohali. It is only when this stage is passed that a date for a wedding is set and the civil rights marriage takes place. The challenge with this practice has been that when intending to take a second wife, some men claim that their first marriage is a customary law marriage and that the subsequent solemnisation in church was not itself marriage but confirmation of an already existing marriage. 69 Retention of maiden name 369. There is no law which compels married women to change their names and surnames to those of their husbands. However, in practice when a woman gets married, she is given a name. In some families the name is given immediately upon marriage during welcoming 69 See Ramaisa v Mphulenyane 132