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 Legislative measures 34. Legislative measures aimed at protecting the right to life include the Penal Code Act No. 30 of 2010 (PCA) and the Criminal Procedure and Evidence Act No. 9 of 1981 (CP&E) both of which proscribe murder. The two statutes also contain specific provisions with regard to the offences for which death penalty shall be imposed as well as the mode of its execution. According to sections 297 and 40 of the CP&E and PCA respectively, death sentence shall only be granted by the High Court upon an accused being convicted of murder with no extenuating circumstances, treason and rape. It is important to note that the common law crime of rape has been repealed by the Sexual Offences Act No. 3 of 2003 (SOA) which also contains the sentence of death in a case where a person convicted of a sexual offence is HIV positive and at the time of commission of the offence, such a person had knowledge or reasonable suspicion of the infection.16 35. Section 297 of the CP& E prohibits carrying out of a death sentence against a woman who by wilful act or omission causes death of her child being a child of under the age of 12 months. Furthermore the Act prohibits the carrying out of the sentence against a person convicted of an offence punishable by death if in the opinion of the court, that person was under the age of 18 when he committed the crime.17 36. Section 298 (1) of the CP& E prescribes the manner in which death penalty shall be carried out as follows: The form of sentence to be pronounced upon a person who is convicted of an offence punishable with death and sentenced to death shall be that he be returned to custody and that he be hanged by the neck until he is dead. 16 17 Sexual Offences Act section 32(a)(vii). CP&E section 297(2)(b). 15