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
married a Lesotho citizen and
was therefore not declared a
on
he
citizen of Lesotho although the
received a call from the police
deportation order was declared
that he must go back to his
unlawful, null and void.
his
wedding
day,
home in South Africa. He left
and came back the following
day during which his wife
showed him an order for his
deportation which invalidated
his
temporary
residence
permit. Hence he lodged an
application that he be declared
a citizen of Lesotho by birth and
also that the deportation order
which restricted his movement
in and out of Lesotho be
declared unlawful, null and
void.
Otubanjo v Director The appellant is a Nigerian
On appeal it was held that
of immigration and citizen, who in 2000 applied to
freedom of movement includes the
others
Service
right to enter Lesotho and stay
Commission (TSC) of Lesotho
anywhere in Lesotho. However,
to take up a teaching post. He
such freedom is limited by section
was admitted to the Lesotho
7(3)(d) of the Constitution which
Teaching Service. On entry into
provides that there may laws
Lesotho he applied for a permit
which
for
(or
persons who are not citizens of
indefinite permit, as it is also
Lesotho. The Aliens Control is
the
Teaching
indefinite
sojourn
44
restrict
movement
of