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 rituals including slaughtering of a sheep for her. In some families, she is given a name after the birth of a first child whom she shall be name after. The woman then uses this name together with the surname of her husband. The practice is so deeply rooted in Basotho culture that upon marriage women change their national identity documents to include their marital names and surnames. However, there is no law which compels women to adopt to this change of maiden names. 370. Some women choose not to use the marital name but change the surname only while others choose to retain their maiden names and surnames. There is no law which compels women to change and therefore women are at liberty make any of these choices. Choice of residence by mutual agreement 371. Historically, the choice of residence for a married couple was exercised by the husband who had marital power over the person and property of his wife. However, with the repeal of marital power by the Legal Capacity of Persons Act 2006 both spouses have the equal right to choose the place of residence. 372. In practice however, the choice is still left in the hands of the husband. For instance, upon marriage, whether a customary or civil rights marriage, on the evening of the marriage, the couple goes to the husband’s home where rituals are performed to welcome the wife into the family. From this day, the wife is expected to ‘automatically’ stay with the husband’s family until the time when they have a place of their own. In exceptional cases where the wife is employed at a place far from the husband’s home, they can then leave with the husband and stay at their place but are still expected to return ‘home’. The Woman’s right to retain her nationality or to acquire that of her husband Constitutional measures 133