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 Issue for determination Mokhele & Others v Applicants female The Constitutional Court held that Commander members of the LDF who were the dismissal is discriminatory and dismissed for having breached unconstitutional as it contradicts the LDF policy in terms of which section 18 of the Constitution. Others LDF & Ruling were female members of the army undertake not to be pregnant within five years of their recruitment. Molefi Tsepe v The IEC Whether reservation of 1/3 Reservation of constituencies for and Others6 quota of seats for women in women under the Local Government local government amounts to council Elections Act 2005 was justified discrimination affirmative action which gave effect against men in violation of to the non-discrimination provisions section 18 of the Constitution. of Section 18 as well as Lesotho’s international human rights obligations under the African Charter and the African Women’s Protocol. 6 Molefi Tsepe v IEC and Others (2005) LSHC 96 9