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
challenged appointment by the Prime Minister, of a judge who had been impeached by a
duly established tribunal for failure to pay tax prior to his appointment.
Challenges
283. Independence of the judiciary in Lesotho has had several challenges including nonaccountability by the judiciary, political appointment of the Chief Justice and President of
the Court of Appeal and non-representation of other stake holders such as the Law
Society, Academia, CSOs and politicians in the Judicial Service Commission which is
responsible to appoint puisne judges and all other judicial officers.
ARTICLE 27: DUTY TOWARDS THE FAMILY
Constitutional and legislative measures
284. The Constitution does not identify any positive duties of persons towards the family as a
unit. However, there are a number of laws which have a bearing on the duty towards the
family. These include the Marriage Act 1979 which defines marriage as a union between
man and woman to the exclusion of others. The Deserted Wives and Children
Proclamation mandates husbands to maintain their wives and children and the Children’s
Protection and Welfare Act governs children’s affairs including their maintenance and
adoption where circumstances require.
ARTICLE 28: FREEDOM FROM DISCRIMINATION
285. Lesotho’s implementation of these rights has been dealt with under Articles 2 and 3 above.
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