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 Defined Contribution (Amendment) Act 2014 on the differentiation Pension Fund basis, inter alia, that amounted to discrimination contrary between the it Applicants and their counterparts is unfair permissible and reasonably to justifiable in a democratic society sections 18 (1) and (3) of the having regard to its nature and Constitution. special circumstances pertaining to the two groups of former members of Parliament. The differentiation was found not to constitute discrimination. It was held that the Act was merely drawing a distinction between public office bearers whose tenure ends in different ways and attracted different benefits.8 The Road Transport Applicants were a society of Section Board & 3 Others v persons who owned Nothern 18 of the Constitution motor proscribes differentiation for reasons Venture vehicles known as ventures attributable to status which is absent Association C of A which were used as a means of under regulation 7. Differentiation (Civ) 2no. 10 /2005 public transport. They under regulation 7 is not based on challenges Regulation 7 of any of the characteristics outlined in Road Transport Regulations section 18 of the Constitution. Case 2004 which was used to deny dismissed. them licences for public transport and argued that such 8 Thahane v Specified Offices Defined Contribution Pension Fund and Others (2017) LSCA 10 11