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
DPSPs which in terms of section 25 of the Constitution of Lesotho are not justiciable in
the courts of law.
476. Section 17 of the Constitution of Lesotho prohibits compulsory taking of possession and
compulsory acquisition of property. The Constitution thus protects rights of all, including
women not to be arbitrarily deprived of the housing they have already acquired, mandates
government to adopt policies which encourage all Basotho, including women to acquire
housing but does not guarantee its provision.
Legislative measures
477. The Land Act of 2010 addresses gender inequality by providing for a leasehold system
which recognises joint ownership of land to spouses married in community of property and
ensures that every woman's name appears in the registration. The Act also grants for
women to be part of land allocation structures.
478. With regard to married women, the Legal Capacity of Married Persons Act 2006
enhances equity in land holdings and transactions by allowing women to have the same
rights as men to possess, inherit, buy and sell land as opposed to previously where
women did not have the right to possess and inherit land.
479. The table below shows gender lease statistics of (2004-2014).The statistics indicate the
male dominance in lease ownership from 2004 to 2010.There has however been a drastic
change since 2011 up to 2015 as female lease ownership became dominant. Joint lease
ownership also increased drastically since 2011. Drastic changes in both female and joint
lease ownership is a direct result of Land Act 2010.
Table B9: Gender lease statistics 2004 -2014
Year
Male
Female
Joint Co
Other
Total
2004
376
147
21
21
0
565
2005
401
124
41
19
0
585
168
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