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 Children 378. In terms of both common law and Sesotho customary law, all children born in wedlock take the nationality, clan and religious denomination of their father. Right of the woman to acquire her own property 379. In terms of the Legal Capacity of Married Persons Act, a married woman has equal rights as her husband to acquire and dispose off property which forms part of the joint estate. However, the Act is silent as to the right of a married woman to acquire property in her own name to the exclusion of her husband. The common law in this regard is that a woman married in community of property acquires property for the join estate and when such property is land, it has to be registered in the names of both spouses. However, a woman married out of community of property may acquire and register property in her own name. ARTICLE 8: RIGHT OF ACCESS TO JUSTICE AND EQUAL PROTECTION BEFORE THE LAW Constitutional measures 380. Section 19 of the Constitution provides for the right to equality before the law and equal protection of the law. Legislative measures 381. Legal Aid Act 1978 establishes office of the Legal Aid Counsel which is aimed at providing free legal services for indigent litigants. The office has been most utilised mostly to represent women in divorce and maintenance cases to ensure that men maintain their spouses and children and also to ensure equitable distribution of marital property upon divorce. However, the legal aid service is not limited to marital disputes but also includes representation in criminal and other cases. 135