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 373. In terms of sections 40 and 41 of the Constitution of Lesotho, any woman who is or has been married to a Lesotho citizen shall become a citizen of Lesotho only after applying for citizenship, taking an oath of allegiance and being registered as a citizen. 374. Citizenship by marriage can only be passed by a male Lesotho national to a non-Lesotho female spouse. A non-Mosotho female who marries a Mosotho male can acquire Lesotho citizenship by virtue of marriage while a non-Mosotho male who marries a Mosotho female cannot acquire Lesotho citizenship by virtue of marriage. Legislative measures 375. Issues of citizenship and nationality are regulated by Lesotho Citizenship Order of 1971 which provides that a person can attain Lesotho citizenship by birth, naturalization or registration. In terms of Section 2 of the Lesotho Citizenship (Amendment) Order 1989, where a non-Mosotho woman marries a Mosotho male, she has an option to either renounce or retain her citizenship. Section 4 of Lesotho Citizenship Order 1971 provides that women who were married to Basotho men before Lesotho attained independence in 1966 are entitled to be registered as citizens. 376. This provision thus protects the rights of women to citizenship in that marriage does not automatically change the nationality of a married woman before and after independence. If a Mosotho male marries a non-Mosotho female, that non-Mosotho female will have a choice of becoming a Lesotho citizen through registration. Similarly, a Mosotho female does not lose her citizenship simply because she is married to a non-Mosotho male. 377. However, a challenge with retention of a foreign citizenship is that in terms of section 6 of the Land Act, a non-Mosotho woman cannot hold title to land even if married to a Mosotho male. That means when land is acquired, it is only registered in the names of husband and it is indicated that the spouse is a non-national and her names are not reflected in the title document. A further challenge is that upon death of the husband, the non- Mosotho surviving spouse cannot inherit the land in question. 134