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 Senate Gabasheane Section 10 of the Chieftainship Discrimination based on customary Masupha v Senior Act Resident Magistrate- succession to chieftainship to of the Constitution Berea & Ors 1968, first-born which male limits law permissible under section18(3) children challenged as discriminatory on the basis of sex in violation of sections 18 and 19 of the Constitution Fuma v LDF and Others A soldier who was retired on The Constitutional Court held that the medical grounds in terms of decision to retire him violated his section 24 of LDF Act claimed right to equality and freedom from that his retirement violated discrimination under section 18 and section 18 of the Constitution 19 of the Constitution. It held further and was discriminatory on the that his right to human dignity had basis of his HIV status and his resultantly been transgressed by the visual disability. Commander in particular by having treated a person of his health condition inhumanely and unlawfully denying him considering a hearing adverse before decisions against him.7 Timothy Specified Thahane v Applicants had challenged the The Court of Appeal of Lesotho Offices Specified Contribution 7 Offices Defined agreed with the conclusion of the Pension Fuma v Lesotho Defence Force and Others (2013) LSHC 68 10 Fund Constitutional Court that the