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 race in any place of public resort, public facilities and schools. Most importantly, it criminalises incitement to racial intolerance and sponsorship, support or defence of any racial intolerance. The Act further attributes vicarious liability to employers for acts of racial discrimination done by employees. 24. Chieftainship Act 1968 allows widows who do not have male children, to succeed their deceased husbands and be chiefs in their own right until their death. 25. In order to eliminate discrimination based on sex in the Lesotho’s marital regime, there has been enacted the Legal Capacity of Married Persons Act No. 9 of 2006 (LCMPA). The primary purpose of the LCMPA is abolition and repeal of marital power in terms of which the wife was regarded as a minor and the husband had power over the person and property of his wife. The Act repeals all laws relating to administration of joint estates, common law, customary law and any other marriage laws in which a husband acquires marital power over the person and property of the wife. The LCMPA is therefore a progressive endeavour by the government of Lesotho to comply with its international obligations including articles 2 and 3 of the Charter. 26. Since submission of the initial report to the African Commission, the parliament of Lesotho has enacted several laws aimed at achieving equality between men and women in political participation and other aspects in the public sphere. These laws are elaborated upon in part B of this report. Judicial measures on equality and non-discrimination 27. Pursuant to section 22 of the Constitution which provides for the right to challenge violation of human rights in the High Court, several cases challenging discriminatory laws and decisions have been brought before the Constitutional Court of Lesotho. These cases and the court’s ruling in relation thereto are illustrated in table A1 below. Table A1: Equality and Non-discrimination Cases in Lesotho 8

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