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
men and women alike, unmarried, married, widowed, persons with disabilities, in urban
and remote (rural) areas.
132. Equal rights of men and women to own property and hold title to land as well as statistics
disaggregated by gender, of persons who hold title to land and have leases registered in
their names from when the systematic land regularization project took off to 2016 are
provided in part B of the Report.
Judicial Measures
133. The High Court has jurisdiction to deal with cases in which the right to property is infringed.
Cases in this regard include the rightful inheritance to property and compensation for
property affected by development. Some of the cases which the High Court of Lesotho
has adjudicated on are illustrated in the table below.
Table A11: Right to property cases
Case
Attorney
Minister
Facts
General
of
Government
Outcome
&
Local
vs
Leoanika Moletsane &
42 Others45
Joy to the World v Neo Appellant, a religious association Improvements
Malefane & Others
45
bought right to land from one property
which
made
on
does
not
Declaration of Selected Development Area in terms of Land Act 1979 – threatened eviction without
compensation of bona fide occupiers having effected useful improvements – application of S. 17 (1).
60