Faculty of Law

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Access to Information in Lesotho: Analysis of the Access and Receipt of Information Bill of 2000.
(Media Institute of Southern Africa, 2014) Thamae, K.
The Advent of Coalition Politics and the Crisis of Constitutionalism in Lesotho
(2017-01-08) 'Nyane, H
The advent of coalition politics in the aftermath of the inconclusive 2012 election brought with it fresh challenges to constitutionalism in Lesotho. The challenges started with the process of the formation of government, sustenance of a coalition, and much more importantly, the executive powers of the office of Prime Minister. The country transitioned into the era of coalition politics with the same constitutional and legal framework which undergirded government in a single-party majoritarian setup. It did not take long until the country was plunged into a constitutional crisis which manifested itself through a stand-off between the Prime Minister and the Deputy Prime Minister. The crisis led to the collapse of the coalition government, barely two years into its normal electoral cycle. The purpose of this chapter is to analyse the nature of this constitutional crisis by studying the various constitutional episodes which characterised this crisis in 2014. The chapter contends that while some of these episodes may qualify to be called ‘constitutional crises’, not all incidences of political disagreement amounted to that.
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
An assessment of the effectiveness of the International Court of Justice in the maintenance of International peace and security
(National University of Lesotho, 2024-07) Mokoatle, Bolelang Irene
The United Nations system was born out of global strife and suffering caused by the two devastating world wars. Since the end of World War I one of the main concerns of the international community was the establishment of institutions that would work to maintain international peace and security. The commitment by states in the UN Charter not to resort to armed conflict is a testament of the desire of the international community to cherish peace. The United Nations itself was designed to ensure that it has the capacity to safeguard peace. While disputes between states are inevitable, the UN has mechanisms in place to resolve these disputes peacefully. One such mechanism is the International Court of Justice (ICJ). Established as the principal judicial organ of the UN, the Court has an important role of resolving legal disputes between states. Supporting the Court’s work is the Security Council which not only has the power to recommend referral of disputes to the ICJ or enforce the decisions of the Court but also share the responsibility to preserve international peace and security with the Court. The UN system has however shown some cracks. The recent inability to prevent a costly war in Ukraine and Gaza as well as failure to bring to a halt the suffering of the Rohingya Muslims facing persecution in Myanmar brings spotlight to the UN system, including the ICJ. This study therefore examines the effectiveness of the ICJ in resolving disputes that threaten international peace and security. The study examines the volume of cases brought to the Court’s attention or order to determine whether this forum has been effectively used. It also assesses the rate of states’ compliance with the ICJ’s decisions as well as the extent to which there has been enforcement action in cases where there is non-compliance. The study argues that the ICJ has notsucceeded in its role of resolving disputes that threaten international peace and security. It makes recommendations on some reforms that can be implemented in order to make the Court an effective organ that can contribute to the realisation of one of the UN’s most important objectives
Assignment of functions to local authorities in Lesotho
(UTS ePress, 2016-12) Nyane, H.
In Lesotho the adoption of the new constitution in 1993 made provision for local development. These constitutional provisions were only operationalised in 1997 through an Act of parliament (Local Government Act 1997). The question of how functions are assigned between the central and local governments has always been an area of dispute. The Act attempted to demarcate the assignments through the Schedules to the Act which embody the functions of local authorities at various levels – community councils, urban councils and district councils. However, local development and service delivery continue by and large to be undertaken by central government despite the demarcation. The purpose of this paper, therefore, is to critically analyse the challenges of assignment of functions to local authorities in Lesotho. The paper contends that as the assignment of functions is integral to decentralisation in Lesotho, intergovernmental relations and assignment of functions should be incorporated into the country’s constitution.
Attaining effective and speedy resolutions of unfair dismissal disputes in Lesotho
(National University of Lesotho, 2023-06-19) Ntaitsane, Mamolefi Anacletta; Lephoto, Motsoane
The bankers' duty of care with regard to financial advice
(National University of Lesotho, 2023-05-18) Mosese, Nteboheleng
The bankers' duty of secrecy and the exception of disclosure by compulsion of an oder of court
(National University of Lesotho, 2023-06-01) Mokatse, Ntsiuoa
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 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.
Conflicts between Applicable Law and the Law of the Seat and the Limitations of Judicial Review of Arbitral Awards: Lessons from Lesotho Highlands Development Authority (LHDA) vs. Impregilo Spa
(Lesotho Law JournaL, 2013) Tsietsi, T.
A mixed international arbitration involves parties from two different States. The parties agree on the applicable law, which is the substantive law to be applied by an arbitral tribunal. The seat of arbitration, however, also plays a fundamental role by elucidating the applicable procedural rules. This is the lex arbitri. Sometimes arbitrators can find it difficult to determine which law is applicable to which issues. This was the case in LHDA v Impregilo1.
The Constitution of Lesotho by Saha, Tusha.
(Lesotho Law Journal, 2014) Nyane, H.
The Constitution of Lesotho constitutes a seminal contribution by a scholar 'of no mean stature like Professor Tusha Kanti Saha who coincidentally, hails from one of the most progressive jurisdictions and a mature democracy, republic of India', to use the words of Chief Justice Lehohla in his foreword to the work. This book is incontrovertibly the only work on the Constitution of Lesotho that covers the jurisprudential twists and turns of the constitutional law of the Kingdom of Lesotho. It touches on all salient features of the edifice such as the history of the Constitution of Lesotho, the notions of liberal constitutionalism like the rule of law, the Bill of Rights and all the key institutions of the design. This comprehensive approach was last employed by Palmer and Poulter in their classic work, The Legal System of Lesotho.1 The later work by Maqutu, Contemporary Constitutional History of Lesotho is an historicnarrative piece which, although it filled the void on the often downplayed history of the constitution of Lesotho, is not necessarily comparative or analytic on the contemporary trends in constitutional discourse.
Constitutionalisation and Constitutional Amendment in Lesotho: A Case for Substantive Limitations
(Lesotho Law Journal, 2014) Mohau, K. K.
The idea of a limited government encapsulated in the concept of constitutionalism is, like all ideals, capable of realization to differing degrees from country to country, and even at different times in one country's constitutional development. Constitutional amendment is indispensable to constitutional development but, like a double edged sword, the process is capable of either helping or hurting a country's project to build a constitutional state. This paper evaluates the amendment process provided for in the Constitution of Lesotho. It makes a case for adopting substantive limitations to the Constitution's amendment as a means of ensuring the continued respect for constitutionalism.
The Constitutionalisation of Labour Law in Lesotho
(Lesotho Law Journal, 2014) Mosito, K. E.
This paper discusses the intersection between constitutional provisions and labour law in Lesotho. It identifies and discusses the fundamental human rights and freedoms as well as the principles of state policy embodied in the Constitution of Lesotho. It goes on to discuss the impact that each one of the Chapter II and Chapter III provisions has on labour relations, thereby determining the extent to which there exists an intersection between constitutional law and labour law. It also brings to the fore the judicial interventions that have taken place in Lesotho within the context of the intersection of constitutional law and labour law.
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
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
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.
Deconstructing constructive dismissal in Lesotho and possible lessons from English and South African Law
(National University of Lesotho, 2022-06-30) Pakkies, Keketso
Developments of Constitutional Democracy: 20 Years of the Constitution of Lesotho.
(Lesotho Law Journal, 2014) Nyane, H.
The Lesotho Constitution of 1993, although it bears all the hallmarks of the erstwhile British colonies, ushered in a paradigmatic shift in the development of constitutional democracy in Lesotho. It came to break a long haul of nonconstitutionalism combined with military rule. The constitution therefore introduces a new order based on popular government and multi-partyism as opposed to militarism and one-party dictatorship; rule of law as opposed to arbitrariness and hope as opposed to despondency. The purpose of this article therefore is to evaluate not only how the doctrine of constitutional democracy permeated the post-colonial constitutional design in Lesotho, but also how it has practically fared in constitutional practice. The essay starts-off by placing the 1993 Constitution within its typology and then assesses the theory of constitutionalism. The major strands of constitutionalism are evaluated, namely; separation of powers, the rule of law and independence of the judiciary in the context of the post 1993 constitutional dispensation.
Digital violence
(National University of Lesotho, 2022-07-16) Mokapane, Sibongile
Violence Against Women and Girls (VAWG) is one of the dominating factors that threaten the aspiration of democracy and development. VAWG is a form of Gender Based Violence (GBV) that has proven itself to be an epidemic that requires urgent addressing. It is also crosscutting against cultures, geography, age, and spaces. One of these spaces, since the COVID 19 is the digital space. All women are prone to online violence; girl children, adolescent girls, young women, and older women alike. Women and girls who have access to the internet are even more vulnerable to further violence such as online violence. Similar to other forms of violence, online violence has its adversity. Women and girls subjected to online violence have some of their fundamental rights and freedoms violated by online violence. These rights are inclusive of their right to participation, their right to expression, to hold an opinion and view, and their right to integrity and bodily autonomy among others. It is therefore imperative to inquire into how these rights are violated, and how these rights may be protected by existing legal and institutional frameworks attempt to combat online violence in Lesotho. The study or inquiry to understanding the abovementioned has been done through a qualitative method of a desk-based research. The data collected was to enquire into legal frameworks of other jurisdictions such as the Republic of South Africa and the United Kingdom and at various levels such as international, regional, and nation. A comparative analysis of the legislative measures of these jurisdictions has been used as a measure of comparison in order to determine what standards the frameworks have established. The major findings of the study are that there is a need to establish normative frameworks at international and regional levels specific to online violence against women and girls. Further, at the national level, that legislative measures intended to combat online violence should be revised to be intentional in their objectives by making provisions for such misconduct as offences with reasonable punishment. Additionally, by imposing responsibilities on state institutions, non-state actors and users of the internet which will guarantee the safety of individuals at risk of violence online. Therefore, in the context of Lesotho, there is a need to revise the Computer crimes and Cybercrimes Bill, 2022 to include the aforementioned considerations as standards and guidelines.

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