Research Articles

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https://hdl.handle.net/20.500.14155/195

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Browsing Research Articles by Author "Kometsi, L."

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    The Impact of the HIV/AIDS Pandemic and the Labour Laws of Lesotho
    (Lesotho Law Journal, 2013) Kometsi, L.
    Laws and policy documents have been developed in an attempt to deal with the pandemic of HIV and AIDS. It is universally recognized that HIV/ AIDS affects mostly the working populations.1 Hence the best place to concentrate efforts at combating the disease is at the workplace. One of the methods of dealing with this disease is through screening of HIV infection at the workplace. This raises issues of discrimination where it may be used as a yardstick to determine the employability of a person or the mobility of an employee in the work ladder. The Constitution of Lesotho provides that 'Subject to the provisions of subsections (4) and (5) no law shall make any provision that is discriminatory either of itself or in its effect' 2 The National AIDS Policy of Lesotho states in clear terms that to deny a person employment on the basis of his or her HIV status is tantamount to discrimination. Yet there are institutions which have made it compulsory for any applicant to test HIV before being employed. There seem to be very strong and persuasive reasons for mandatory testing of HIV at all sections of the society especially at the production sectors. This paper argues that the path followed by Lesotho in policy formulation seems to be heading towards making it mandatory for every one to test for HIV/AIDS despite the constitutional provisions and the principles of the policy. However, the solution can be not to rely entirely on voluntary testing thus neglecting the importance of knowing the HIV status of all employees in any one organization-but reserve the power or right to demand mandatory
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    The Legal Protection of Minority Languages in Lesotho: The Case of sePhuthi Language of eBaphuthi
    (Lesotho Law Journal, 2014) Kometsi, L.
    Focus of this paper will be mainly on siPhuthi as one of the minority languages and the need for its protection as an endangered language of the Kingdom of Lesotho. The aim of the paper is to argue for the constitutional or legal protection of the language of siPhuthi and other minority languages in Lesotho to avoid their extinction but mostly to afford speakers of the languages as their mother tongues, their natural rights to realise all uses of a language. This is done by first looking at the definitions and different uses of a language and what is meant by 'minority languages'. Next the paper deals with whether siPhuthi is a language of the minority. The paper then takes an overview of what the situation of the language of siPhuthi and the other minority languages in Lesotho is. This overview will include an analysis of the extent to which siPhuthi is an endangered language in comparison to the other languages. Lastly the paper explores the avenues open for the protection of the language.