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
government of Lesotho collaborates with civil society organisations to campaign against
EFCM.
351. The Queen of Lesotho has spearheaded a campaign against child marriages and has
called on national and community leaders to take action to end child marriages.
Challenges
352. The main challenge which remain with regard to elimination of harmful practices is that
some of these practices are deeply rooted in cultural practices and therefore it takes long
and hard work to convince the people of their harmful nature. Some practices are
performed discretely and therefore statistics on their prevalence and suitable ways of
intervention not easy to ascertain.
ARTICLES 6 AND 7: RIGHTS RELATING TO MARRIAGE
353. The General Proclamation 2B imported Roman Dutch law and its legal traditions into
Lesotho although it still left room for application of African law (later known as Sesotho
customary law), thus creating a dual legal system which applies to date. In terms of this
legal dualism, Sesotho customary law operates side by side with the ‘received law.’ 68 This
has resulted in two marital regimes being customary marriages and civil rights marriages.
354. The two types of marriages are governed by two different legal regimes. Sesotho
customary marriages are governed by customary law; most part of which is contained in
the Laws of Lerotholi. The laws of Lerotholi governs, marriage formation, the marital
relationship and dissolution of marriages. The civil rights marriage on the other side is
governed by the Marriage Act 1974.
68
T Thabane & I Shale 2012 ‘The impact of the African Charter and Women’s Protocol in Lesotho’ in The impact
of the African Charter and Women’s Protocol in selected African states 79.
129