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 Legislative measures 318. Apart from the Constitution, the Kingdom of Lesotho has also enacted other laws with the aim of eliminating discrimination against women. For instance, the Legal Capacity of Married Persons Act which repeal marital power which husbands had over their wives; the Land Act 2010 which entitles women to have land registered in their names and Companies Act which allows women to hold positions of directors in companies without their husbands’ consent. Judicial Measures 319. The legal reforms aimed at eliminating discrimination against women in all spheres of life have been applied in various cases summarised in the table below. However, the challenge which remains is that section 18(4)(c) of the Constitution exempts acts done pursuant to customary law from the discrimination test under sections 4, 18 and 19. The effect of section 18(4) (c) is illustrated in the case of Senate Masupha v Magistrate Berea and Others. Table B3: Cases on elimination of discrimination against women Case Summary Molefi Tsepe v IEC The Constitutional Court and the Court of Appeal held that affirmative action in terms of which 30 percent of seats in local government elections were reserved for women was justifiable discrimination and in accordance with the Constitution of Lesotho and Lesotho’s obligations under international human rights instruments including the Protocol. Senate Masupha v Magistrate The Constitutional Court and the Court of Appeal held Berea and Others. that Section 10 of the Chieftainship Act in terms of 114