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
and he appealed. The appeal
was also dismissed.
Beth Ktera Nassaka Applicant
entered
Lesotho
Regardless of fraudulent entrance
Mujuzi & Others v
fraudulently,
obtained
into the country, the decision to
Director
of
employment as a nurse and
deport her ought to have been
immigration
&
was issued with a work permit.
done fairly and in accordance with
Later the work permit was
the law. Deportation order stayed
cancelled and an attempt to
and
deport her made.
consider
Others
Minister
her
ordered
to
re-
application
for
permanent residence since she
did not pose a threat to national
security.
Challenges and steps to mitigate them
96. There are several challenges with regard to freedom of movement in Lesotho and most
of these are based on Lesotho’s political history, unemployment, poverty and the fact that
Lesotho is completely surrounded by South Africa which is its only neighbour. Due to
these factors, many Basotho cross between Lesotho and South Africa almost daily
because they have relatives in South Africa and in Lesotho respectively, for work, medical
care, school, grazing of animals and even daily grocery shopping.
97. For those who have travel documents issued by either country, there is not much of a
problem, the problem is that for majority of those seeking employment in South Africa,
they often do not have travel or work documents or stay in South Africa beyond the time
stipulated in their documents.
98. In order to mitigate the challenge of people who stay and work in South Africa without
proper documentation and thereby risking deportation, the Ministries of Home Affairs of
46