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 given. In this case, the status is that of Applicant falling under the private sector in contrast with litigants falling within the public sector.3 17. In Fuma v Lesotho Defence Force and Others, the Constitutional Court held that the phrase ‘other status’ in sections 4 and 18 also include disability as a prohibited ground of discrimination.4 18. Section 18 (4) (c) of the Constitution contains exceptions to the general non-discrimination rule. It provides that subsection (1) shall not apply to any law to the extent that that law makes provision: (a) With respect to persons who are not citizens of Lesotho; (b) In the application of … the law in respect of adoption, marriage, divorce, burial, devolution of property on death or other like matters…. (c) For the application of the customary law of Lesotho… (d) For the appropriation of public revenues or other public funds or (e) Where persons mentioned in (3) are subject to disability or restriction or may be accorded privilege or disadvantage…is reasonably justifiable in a democratic society. 19. As stipulated in the initial report, Lesotho has a dual legal system in terms of which Sesotho Customary Law operates side by side with the ‘received law’ being Roman Dutch Law, Constitutional law and Statute. The dichotomy between Sesotho Customary Law and Received law is very prevalent in respect of Marriage Law, Administration of Estates and Devolution of Property on Death. The choice of personal law applicable to personal 3 4 (2007) LSHC 141 Fuma v Lesotho Defence Force and Others (2013) LSHC 68 6