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 Case Courts’ Facts ruling and interpretation of the right to movement Zwelakhe Minister Mda of v Applicant Home Affairs and Others. was denied a The Court held that refusal to replacement for his passport renew which was due to expire. His amounts to arbitrary deprivation of application was turned down citizenship status on the basis that he is not a unjustified and born in Lesotho but in South freedom of movement, particularly Africa in 1956 as his father’s the right not to be refused entry to 1985 and exit from one’s country. application for applicant’s passport which violates is his naturalisation states that when he came to Lesotho 1963 as political refugees, applicant was already born. Applicant gave evidence of his old birth certificate and passport which show that he was born in Lesotho. Pholoana Lekhoaba Applicant was born in Lesotho The Court held that the right to and another Director immigration others v but his parents moved to South freedom of movement cannot be of Africa for employment while he claimed by a person who is not and was still of tender age. They lawfully in Lesotho. It went further then African that because Applicant failed to citizenship. Applicant regarded renounce his citizenship within five himself as a citizen of Lesotho years of attaining majority, he has because he still had relatives lost his citizenship of Lesotho and a home in Lesotho. He which he had gained by birth. He sought South 43