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
regulation discriminated from
owners of other makes of
vehicles.
Sekoati Gert Lelimo v Applicant challenged section 8 The case was dismissed on account
Lesotho
National of the Motor Vehicle Insurance of prescription as the applicant had
General Insurance Co. Order 1989 on the grounds that failed
to
lodge
his
claim
for
Ltd & 3 Others Cons. the formula for calculation of compensation within the period of 2
Case No 2 /2013
compensation for motor vehicle years as prescribed under section 10
accidents which is prescribed of the Motor Vehicle Insurance Order
under
section
8
is 1989. However, in obiter the Court
discriminatory to such victims urged the insurance company to be
who, in most circumstances are considerate and act in the spirit of
the poorest of the Lesotho botho when awarding compensation.
population.
Mantsubise Khasake- Sections 11 and 12 of the Laws Sections 18 of the Constitution
Mokhethi & Another v of Lerotholi which preclude sanctions
Tsabalira Moloi & 11 females
from
customary
law
based
inheriting discrimination. Secondly, because
Others
challenged
as
being Lesotho uses a dualist approach to
CIV/APN/73/2013
discriminatory and in violation international law, in the absence of
of sections 18 and 19 of the any national law which domesticates
Constitution of Lesotho
international
human
rights
instruments such as CEDAW, the
court cannot declare the laws of
Lerotholi discriminatory.
Jessie Ramakatane v Applicant and three others had Execution of the warrant of extraction
Director
of
Public sought political asylum in South against the Applicant would be
Prosecutions
& Africa. Upon regime change in discriminatory as according to the
12