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 affairs is a prerogative of such persons. The exception to section 18 is therefore meant to preserve the ability for persons to choose which legal regime to regulate their own personal affairs. 20. While section 18 (4) contains exceptions to the right to freedom from discrimination, in order to allow indigenous progressive recognition of the right in its full extent, it also contains a proviso that ‘nothing shall prevent the making of laws in pursuance of principles of state policy in promoting a society based on equality’. Pursuant to this provision, the parliament of Lesotho has progressively introduced legislation and policies which seek to off-set many of the limitations previously in place by reason of customary law. 21. According to section 18(7), the prohibition against discrimination is not only binding on the state but also on private individuals and commercial entities such as shops, hotels, lodging houses, public restaurants, eating houses, beer halls or places of public entertainment and resorts maintained either partially or wholly out of the public funds. 22. With regard to equality, section 19 of the Constitution provides that ‘[e]very person shall be entitled to equality before the law and to the equal protection of the law’. In the case of Lesotho National General Insurance v Nkuebe the Court of Appeal held that although sections 18 and 19 may seem to overlap, they generally require different approaches. 5 Section 18(3) imports an understanding that discrimination may be confined but equality under sections 19 has much wider connotation than the discrimination provision in that it may not be deviated from. Legislative measures 23. As a means of eliminating racial discrimination, the parliament of Lesotho has enacted the Race Relations Act No.9 of 2005. The Act forbids any act of discrimination based on 5 Lesotho National General Insurance v Nkuebe LAC (2000-2004) 799 paragraph 11. 7