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 Another 2012, the three with whom the constitution, even accused persons CIV/APN/205/2013 applicant had fled were who are similarly placed must be pardoned and they returned to treated in the same manner. Warrant Lesotho while the applicant was accordingly canceled. not and a warrant for his extradition from South Africa was signed. Challenges and factors inhibiting full equality and non-discrimination 28. Customary law as well as Basotho’s cultural practices remain a big challenge to effective implementation of equality between men and women in areas of succession to the throne and in chieftainship. In terms of section 18(4) (c) of the Constitution, anything done under Sesotho Customary Law is immune from the non-discrimination provisions under section 18. Therefore, customary laws which have discriminatory effect are not regarded as discriminatory. 29. Section 10 of Chieftainship Act limits succession to chieftainship to male children. This section is based on Sesotho Customary Law and the Constitutional Court in the case of Senate Masupha v Senior Resident Magistrate of the District of Berea and Others, declined to declare section 10 discriminatory and unconstitutional because of section 18(4)(c). The case is currently before the African Commission. Efforts which the government has taken to mitigate these challenges 30. There is currently an in-house review of the Chieftainship Act in order to include women to succeed to chieftainship. 31. The government of Lesotho in partnership with the College of Chiefs and other Civil Society Organisations has embarked on awareness-raising lipitso (community 13

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