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
72. The Constitution itself as well as other legislative instruments prescribes series of oaths
of office that contain religious connotations.31 However, the Courts are particularly aware
of the right to freedom of conscience and therefore witnesses who do not wish to take an
oath are given the freedom to make an affirmation instead.
Legislative measures
73. Section 13 Education Act 2010 proscribes rejection or failure to admit students in
schools on the basis of their religion.
ARTICLE 9: FREEDOM OF SPEECH AND RIGHT TO RECEIVE INFORMATION
Constitutional measures
74. Section 14 of the Constitution of Lesotho entrenches freedom of speech and right to
receive information. Section 14(2) contains limitations within which the right may be
enjoyed consistent with its obligations under the Charter. These are:
(a) The interest of defence, public safety, public order, public morality or public
health; or
(b) For the purposes of protecting the reputations, rights and freedoms of
other persons or the private lives of persons concerns in legal proceedings,
preventing the disclosure of information received in confidence, maintaining
the authority and independence of the courts, or regulating the technical
operation of telephony, telegraphy, posts, wireless broadcasting or television;
or
(c) For the purpose of imposing restrictions upon public officers.
31
Schedule 1 of the Constitution of Lesotho 1993 ‘OATH OF OFFICE OF KING’ the oath begins by saying, ‘In the
presence of the Almighty God…’ and ends with a declaration, ‘SO HELP ME GOD…’
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