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
ARTICLE 12: FREEDOM OF MOVEMENT
Constitutional measures
93. Freedom of movement is provided for under section 7 of the Constitution. It provides that
every person is entitled the right to move freely within Lesotho, the right to reside in any
part of Lesotho, right to enter and leave Lesotho and immunity from expulsion from
Lesotho. The Constitution also provides specific limitations to this freedom some of which
are:
(a) The interest of defence, public safety, public order, public morality or public
health;
(b) By order of court when a person has been convicted of an offence, is admitted
to bail and such restriction is a bail condition, or to secure his presence for
extradition or lawful removal from Lesotho;
(c) For the prohibition of entry into Lesotho of a person who is not a citizen of
Lesotho;
(d) For extradition
Legislative measures
94. Freedom of movement is protected through several laws including the CP&E which
protects the right to liberty as illustrated under Article 6 above, as well as the Aliens
Control Act 1966, Refugee Act 1983 and Citizenship Act 1971 all of which regulate
entry as well as sojourn in Lesotho.
Judicial measures
95. The provisions of section 7 of the Constitution, the Aliens Control Act as well as
Citizenship Act have been interpreted by the Constitutional Court of Lesotho as illustrated
in the following cases:
Table A7: Freedom of movement cases
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