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 360. Sesotho Customary Law permits polygamous marriages. Women in polygamous marriages are protected through the principle of “malapa ha a jane.” The essence of this principle is that the husband is obliged to provide for each of the wives and the children born out of such marriages can only inherit from their mothers’ houses. 361. The principle of ‘malapa ha a jane’ has been applied in several cases including that of Letsika v Letsika and Others (CIV/APN/560/2007) in which Hlajoane J stated that: when a man marries more than one wife customarily he is considered as having created many houses. Each wife will be allocated her own house and property such as fields, animals and household property. The first male issue in each house will be the heir in that house in which he is born. The wife in each house after their husband’s death will only inherit that which belonged to her house. Dissolution of a customary marriage 362. Dissolution of a Sesotho customary marriage is governed by Laws of Lerotholi and such is done in the Local Courts. Both men and women have a choice to file for divorce. However upon dissolution of a customary marriage, the woman is only entitled to take her personal property such as clothing, cooking utensils and farming implements. Although the law provides thus, the practice of the Local Courts has been to opt for equitable division of the joint estate. Civil rites marriage 363. Civil rites marriages are governed by Marriage Act of 1974 as well as Legal Capacity of Married Persons Act of 2006. The Marriage Act sets the marital age at 18 for boys and 16 for girls. The Children’s Protection and Welfare Act does not have an explicit provision on marital age. However, it provides that a child is anyone below 18. Therefore, a girl aged 16 is under the Act, a child. 364. The Marriage Act does not permit polygamous marriages. 131