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
Another
2012, the three with whom the constitution, even accused persons
CIV/APN/205/2013
applicant
had
fled
were who are similarly placed must be
pardoned and they returned to treated in the same manner. Warrant
Lesotho while the applicant was accordingly canceled.
not and a warrant for his
extradition from South Africa
was signed.
Challenges and factors inhibiting full equality and non-discrimination
28. Customary law as well as Basotho’s cultural practices remain a big challenge to effective
implementation of equality between men and women in areas of succession to the throne
and in chieftainship. In terms of section 18(4) (c) of the Constitution, anything done under
Sesotho Customary Law is immune from the non-discrimination provisions under section
18. Therefore, customary laws which have discriminatory effect are not regarded as
discriminatory.
29. Section 10 of Chieftainship Act limits succession to chieftainship to male children. This
section is based on Sesotho Customary Law and the Constitutional Court in the case of
Senate Masupha v Senior Resident Magistrate of the District of Berea and Others,
declined to declare section 10 discriminatory and unconstitutional because of section
18(4)(c). The case is currently before the African Commission.
Efforts which the government has taken to mitigate these challenges
30. There is currently an in-house review of the Chieftainship Act in order to include women
to succeed to chieftainship.
31. The government of Lesotho in partnership with the College of Chiefs and other Civil
Society Organisations has embarked on awareness-raising lipitso (community
13