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 that is discriminatory either of itself or in its effect.’2 In this regard, discrimination is defined as: Affording different treatment to different persons attributed wholly or mainly to their respective descriptions by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject to or are accorded privileges or advantages which are not accorded to persons of another such description. 16. The descriptions under section 18(3) are not exhaustive as has been pronounced by the High Court sitting in its constitutional jurisdiction in Tseuoa v Minister of Labour and Employment and Others that: While admittedly the resultant discriminatory effect of section 38A (4) does not fall within the definition provided for under subsection (3) of section 18 of the Constitution, it nonetheless discriminatory in its effect for the reason of it being prejudicial to a selected few such as Applicant in casu. For this reason it is not justifiable. That may well be why even the definition itself contains the phrase ‘or other status’ which in my opinion was meant to cover other criteria not listed therein or which might not have been foreseeable at the time the definition was 2 Section 18(4) contains the following exceptions to the non-discrimination rule: (a) laws relating to persons who are not citizens of Lesotho; (b) Personal law relating to adoption, marriage, divorce, burial, devolution of property on death and other like matters which is the personal law of that description; (c) application of the customary law of Lesotho with respect to any matter in the case of persons, who under that law, are subject to that law; (d) for the appropriation of public revenues or other public funds; or (e) any other reasons justifiable in a democratic society. 5