Theses and Dissertations

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The Need to Balance Responsible Corporate Conduct and Standards of Good Governance in Conflict Affected Areas; A Case for Kao and Polihali Victims of Human Rights Violations
(National University of Lesotho, 2020) Khoboko, Kamohelo; Molapo, Thato Mr.
For a longtime, violence has culminated in areas that have been expropriated for developmental purposes. Such acts of violence include amongst others brutalkillings of people, beating of people, their displacement without due compensation etc. The Kimberly Process Civil Society Coalition writes that up to today, brutal killings, torture and sexual violence; continue to occur in certain diamond mines in the African Continent. Moreover some corporate miners are alleged to be harming local community livelihoods as a result of unmitigated environmental damage coming from their operations, including water, air and noise pollution.6 There has been an outcry by the community representatives of the Kao village of human rights violations in their area which culminated in the deaths of two villagers and the displacement of some villagers.7 Due compensations also not been afforded to the affected people. Moreover, the Polihali project has also resulted in a land acquisition in that the land take has affected communities. The land take will also result in the physical and economic displacement of people.8 To this effect the Transformation Resource Centre supported by the Sisters of the Holy Names of Jesus and Mary facilitated a dialogue session in Mokhotlong for Polihali affected communities, the Lesotho Highlands Development Project officials, Natural resource cluster and the Government. This dialogue session interrogated the ceaseless concerns of the affected communities regarding compensation, resettlement, pastures, employment opportunities and with great focus on water and sanitation rights amongst others.
The Causes and Implications of Youth Unemployment in Lesotho: Time to Make Section 29 of the Constitution Justiciable and to Enact Other Laws to Solve the Problem.
(National University of Lesotho, 2020) Khalimane, Moratoe Peter; Kometsi, Dr.
Youth employment is very important in eradicating the bitter and harmful effects of the sociopolitical and economic risks that Lesotho faces. However, enforcement of chapter three of Lesotho’s constitution, level of education, the collapse of local industries, climate change, and neglect of agricultural sector, so is the high rate of diseases like HIV/AIDS tuberculosis and very high corruption rate in the government play a very serious uphill battle to overcome the very threatening unemployment rate among youth because the country has low financial resources. Consequently low standard of living and high crime rate are the direct result of youth unemployment. Lesotho is regarded as one of the poorest countries both the African region and in the world. In trying to solve the problem of high youth unemployment rate the country Incorporated policies advocated internationally especially those of ILO into its constitution since 1966 with a view to strengthen their campaign to reduce the unemployment rate. The justifiability of policies on opportunity to work as enshrined in chapter three of the 1993 Constitution of Lesotho form the fulcrum upon which the discussion in this paper is based. It concludes by recommending that the constitution must be amended or be reformed to make section 29 to be justifiable. Equally important creation of new laws and diversification of the economy (improvement of private sector) is very important so is the revitalization of collapsed local industries to absorb growing number of unemployed youths.
Critical Analysis on the Interpretation and Application of the Law Governing Admissibility of Hearsay Evidence in Civil Proceedings in Lesotho; A Plea for Reform
(National University of Lesotho, 2020) Moekoa, Moleboheng Elizabeth
The admissibility of evidence in civil proceedings has since colonial times been governed by the Evidence in Civil Proceedings Ordinance (referred to as the Ordinance).1This piece of legislation remains in force to this day. The Ordinance makes it binding for the courts to apply the English Law of evidence in determining matters that relate to the admissibility of hearsay evidence in civil proceedings. As a result of this provision, and the development of English Law the current law applicable to the admissibility of evidence in civil proceedings is the English Civil Evidence Act.2 Due to the progression of time and the adoption of common law from jurisdictions such as South Africa, many changes have occurred in the application of the above legislations. Our Courts have widely adopted the attitude of applying the South African approach when dealing with admissibility of evidence. As a result of this there is a clash and confusion eminent in our judicial system. That is to say, the confusion is present to a notable degree and cannot easily be overlooked. This paper discusses the interpretation of the provisions of the law that governs the admissibility of hearsay evidence in civil proceedings in Lesotho. The aim is to look into the practice of the courts of law in civil cases as against the statutory provisions for purposes of determining whether or not there is adverse impact of basing court decisions on a line of reasoning that emanates from the South African law, and if not, to determine whether a time for reform of the Ordinance has arrived. The paper focuses on hearsay evidence in civil proceedings and how such evidence should be treated in the courts of law.
The Causes and Implications of Youth Unemployment in Lesotho: Time to Make Section 29 of The Constitution Justiciable and to Enact Other Laws to Solve the Problem
(National University of Lesotho, Faculty of Law, 2020-05) Khalimane, Moratoe Peter; Kometsi, L. Dr.
Youth employment is very important in eradicating the bitter and harmful effects of the socio-political and economic risks that Lesotho faces. However, enforcement of chapter three of Lesotho’s constitution, level of education, the collapse of local industries, climate change, and neglect of agricultural sector, so is the high rate of diseases like HIV/AIDS tuberculosis and very high corruption rate in the government play a very serious uphill battle to overcome the very threatening unemployment rate among youth because the country has low financial resources. Consequently low standard of living and high crime rate are the direct result of youth unemployment. Lesotho is regarded as one of the poorest countries both the African region and in the world. In trying to solve the problem of high youth unemployment rate the country Incorporated policies advocated internationally especially those of ILO into its constitution since 1966 with a view to strengthen their campaign to reduce the unemployment rate. The justiciability of policies on opportunity to work as enshrined in chapter three of the 1993 Constitution of Lesotho form the fulcrum upon which the discussion in this paper is based. It concludes by recommending that the constitution must be amended or be reformed to make section 29 to be justifiable. Equally important creation of new laws and diversification of the economy (improvement of private sector) is very important so is the revitalization of collapsed local industries to absorb growing number of unemployed youths.
The Analysis of the Lawfulness of the Restitution of Conjugal Rights Order in Lesotho Divorce Law
(National University of Lesotho, 2020-05-01) Mateisi, V. V.; Mrs. Mosito
Striking a Balance Between Environment and Trade Imperatives
(National University of Lesotho, 2020-05-01) Senatsi, Lineo Edith; Maqakachane, T. Adv
The Need for Domestic Violence Legislation in Lesotho in a Quest to Curb Gender Based Violence
(National University of Lesotho, 2020-05-01) Molefi, Boitumelo; Shale, I. Dr.
Regulation of Financial Interest Under Lesotho's Legal System:The In Duplum Rule Revisited.
(National University of Lesotho, 2020-05-01) Tsie, Thato Esther; Mosito, Mrs.
Constitutionally Fair Trial, Summary Trial Before Military Courts: Plea for Reform
(National University of Lesotho, Faculty of Law, 2020-05-01) Makoetlane, Dick Justinus; Mohau, K. KC
Noting of the Other Party's Interest in the Insurance Policy (Nedbank Lesotho LTD v Maneli T/A copy Shop Vis A Vis Marine and Trade Insurance Co. v Gerber Finance
(National University of Lesotho, 2020-05-01) Takatso, `Masechele Agnes; Ramokanate, L.L. Dr.
The Use of Modern Day Technology in the Police Service of Lesotho in a Bid to Curb Police Brutality
(2020-05-01) Khumalo, Rethabile; Mohau, K. KC
The Crisis of Representative Democracy in Lesotho: Reflections on the Rule of Law, Constitutionalism and Good Governance
(National University of Lesotho, 2020-05-01) Mokhitli, Matheakuena Angelina; Prof. Mhango
The Need to Balance Responsible Corporate Conduct and Standards of Good Governance in Conflict Affected Areas; A Case for Kao And Polihali Victims of Human Rights Violations
(National University of Lesotho, Faculty of Law, 2020-05-01) Khoboko, Kamohelo; Molapo, Thato Mr.
The Escalating Police Brutality in Lesotho in Effecting Arrest Precipitated by Coalition Governments
(National University of Lesotho, Faculty of Law, 2020-05-01) Makhofola, Fusi Julius; Adv. Lesenyeho, N.
The Law of Succession in Lesotho: A Critical Analysis of Extramarital Child's Right to Inherit from their Father Under Intestate Succession
(National University of Lesotho, 2020-05-01) Jere, Christina Thambose; Mosito, Mrs.
The Efficiency of the Lesotho Electronic Transactions and Electronic Commerce Bill 2013 and the Commercial Court in Addressing E-Commerce Disputes
(National University of Lesotho, Faculty of Law, 2020-05-01) Lesihla, Keketso; Mosito, Mantabe Mats`epo Mrs
Tackling Cyber Agression from a Gender Based Violence Perspective in Lesotho: a Plea for Legislative Intervention
(National University of Lesotho, 2020-05-01) Maebo, Nthabeleng Charlotte; Ndumo, Mothepa Adv.
The Need for a Code of Ethics Legislation for Judges in Lesotho to Augment Judicial Independence
(National University of Lesotho, Faculty of Law, 2020-12-01) Kulehile, Tlali; Dr Shale, Itumeleng
Rethinking reistatement remedy in Lesotho
(National University of Lesotho, 2022-06) Molelekoa, Makatleho
Impacts of large-scale extractive in Polihali and Liqhobong communities
(National University of Lesotho, 2022-06) Mofolo, Motlatsi

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