Maseru

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Domestic Case Law

Lesia v. Lesia High Court of Lesotho (2013)

Domestic and intimate partner violence, Property and inheritance rights

Mrs. Lesia filed an application for relief against her husband, alleging that he abandoned his family, abused her, and was attempting to sell their home without her consent. She alleged that she built and paid for the home, and so sought to have her husband enjoined from selling it. The court issued an interim order granting the requested relief. The defendant disregarded the court order, continued his efforts to sell the home, and threatened to kill Mrs. Lesia if she kept interfering.  To justify his rejection of the court order, the defendant claimed that he was not married to Mrs. Lesia, and that she had no right to file any applications against him. The court upheld Mrs. Lesia’s right to seek judicial intervention and sentenced the defendant to 30 days in jail for willfully disobeying the court’s order.  



Rex v. Tekane High Court of Lesotho (2007)

Statutory rape or defilement

The defendant was convicted of persistent sexual abuse of a minor child.  The trial evidence showed that the defendant was the victim’s uncle and that he convinced her that, in accordance with tradition and custom, he was supposed to teach her to have sex.  As instructed, the minor allowed the defendant to perform sexual acts on her.  Since the child was below the legal age of consent, the High Court did not consider her level of resistance. The Court found the defendant guilty of sexually abusing a minor and sentenced him to fifteen years in prison.  



Ts'epe v. Independent Electoral Commission Court of Appeal of Lesotho (2005)

Gender discrimination

The plaintiff was a male citizen who planned to run for office. The electoral commission advised him that the seat he desired was reserved only for female candidates pursuant to the electoral quota instituted by the Local Government Election Act of 1998. The plaintiff challenged the constitutionality of the electoral commission’s refusal to register his candidacy based on his sex.  The High Court acknowledged that the Election Act disadvantaged men by reason of their sex alone. It also noted that, although 51% of the population of Lesotho was female, only 12% of the seats in the National Assembly were held by women. The Court ultimately upheld the constitutionality of the Election Act as a carefully designed measure intended to achieve the important national goal of increasing the number of women in the National Assembly.  



Theko v. Theko High Court of Lesotho (1982)

Divorce and dissolution of marriage

The plaintiff-wife sought the dissolution of her marriage to the defendant on the grounds of his previous marriage under the Sotho custom.  The Court declared the marriage to be null and void on the grounds that the plaintiff agreed to the marriage through fraud, believing that the defendant was unmarried at the time and would not have agreed to the marriage if she had known the truth.