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 124. In terms of section 107 of the Constitution and Section 4 of the Lad Act 2010, the land in Lesotho belongs to the Basotho people and is held in trust by the King. Rights to land are however given on the basis of 60 and 90 year lease. Allocation of rights to use land in this regard is regulated by the Land Act 2010. 125. In order to safeguard arbitrary seizure of property, section 17(2) of the Constitution provides that there must be a law which makes provision for possession or acquisition and prompt payment of full compensation. For instance, when the fields and homesteads belonging to several Basotho were taken to make way for the Highlands Water Project (LHWP), the owners were duly compensated. More information on the LHWP and challenges with regard to compensation of affected communities is contained under article 21 on the right to dispose of natural resources. 126. Section 17 (2) provides for remedies available to a person whose property has been seized arbitrarily. Such a person shall have a right of direct access to the High Court for determination of his right to the said property, the legality of the seizure and the amount of any compensation to which he is entitled. Legislative measures 127. Land ownership in Lesotho is regulated by the Land Act of 2010. The Act establishes a greater land tenure security for all land occupants, guards against arbitrary land seizure and establishes a simplified framework for systematic land regularization. It regulates the granting of titles to land, the conversion of titles to land, the better securing of titles to land, the administration of land, the expropriation of land for public purposes, the grant of servitudes, the creation of land courts and settlement of disputes relating to land. 128. In terms of section 6 of the Land Act, persons who may hold title to land are: citizens of Lesotho not less than 18 years of age with the exception of marriage, where title is a result of a gift or title is a result of inheritance; foreign enterprise for investment purposes 58