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 355. Under both marital regimes, the marriage is defined as a union between a man and a woman, that is, marriage between people of the same sex is not recognised. Sesotho Customary Law Marriage Formation of a Sesotho customary marriage 356. The Laws of Lerotholi do not stipulate the age of marriage. However, the Children’s Protection and Welfare Act puts the age of marriage at 18. 357. Section 34 of the Laws of Lerotholi stipulates the elements of a valid customary marriage as: a. Consent of both parties b. Consent of parents or those who stand in loco parentis c. Agreement as to bohali d. Part payment of bohali 358. The challenge with these elements is that failure to meet any one of the elements invalidates the marriage, sometimes, to the detriment of a widow whose marriage is challenged after death of the ‘husband’. 359. The other challenge is that the payment of ‘bohali’ has been criticised by the CEDAW Committee as one of the factors which influence GBV. However, the general perception of Basotho people is that ‘bohali’ symbolises union of the two families and therefore not payment for the bride. The woman is taken to have been married into the family and not just to her husband. This comes with the obligation on the entire family to protect the woman, including from violence by her husband. Secondly, acts of GBV are mostly attributed to those who have not paid ‘bohali’ as they do not value the marital union and therefore abuse their wives. Polygamy 130