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 gatherings) campaigns for recognition of the inherent dignity of women and equality of all persons regardless of their sex and to change people’s mindsets about the place and value of a Mosotho woman in society, in the country’s economic development and in leadership including traditional leadership. ARTICLE 4: RIGHT TO LIFE AND PERSONAL INTEGRITY Constitutional measures 32. Section 5 of the Constitution of Lesotho protects the right not to be deprived of life arbitrarily. Exceptions under which the Constitution permits deprivation of life are: when a person is killed in defence of property or from violence of any person,9 to prevent escape from lawful arrest, or to prevent escape from lawful detention,10 for purposes of supressing a riot, insurrection or mutiny11, to prevent commission of a crime by that person12, as a result of a lawful act of war or lastly in execution of sentence of death imposed by a court in respect of a criminal offence under the law of Lesotho.13 33. That is, the Constitution of Lesotho has retained the death penalty. However, such penalty is imposed in very rare and extreme cases only. The last death sentence was confirmed by the Court of Appeal in 1996 in the case of Nkosi v The Crown.14 Since then, the Court of Appeal of Lesotho has always commuted a sentence of death delivered by the High Court to custodial sentence including life imprisonment or imprisonment for a defined period.15 9 Constitution of Lesotho section 5(2) (a). Constitution section 5(2) (b). 11 Constitution of Lesotho section 5(2) (c). 12 Constitution of Lesotho section 5(2) (d). 13 As above. 14 Nkosi v The Crown (1993-1994) LLR-LB 39. 15 See for example in Molise v. Rex LAC (2007 – 2008) 61, where a death sentence was altered to imprisonment for a period of 17 years. 14 10