Theses and Dissertations

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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
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.
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
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.
Economic cost of gender based violence against women and girls in Lesotho
(National University of Lesotho, 2023-05-31) McPherson, Puseletso; Ngang, Carol Chi
The phenomenon of the prevalence of GBV is a global human rights concern.23 It is ‘rooted among other things, in gender discrimination, the misuse of power and detrimental norms’.24 It comprises of human rights violations such as harmful practices and this occurs globally surpassing socio-economic status, country of origin, religious denomination and language. These intensely affect both women and girls.25 Several reports together with numerous cases - nationally, regionally and internationally – reveal escalating levels of violence against women and girls all over the world.26 Any harm perpetuated against another person due to their sexual orientation falls under the umbrella term GBV. It impacts on their capability to appreciate their human rights.27 It affects the global shared values of ‘dignity, fairness, equality, respect and independence’.28 It is a defilement of the rights of human and it manifests in several ways, including physical violence that has resulted in multitudes of femicide cases, choking and beating; emotional or verbal violence, psycho-social violence, physical and sexual harassment, domestic and intimate
The efficacy of commercial arbitration, law and practice Lesotho
(National University of Lesotho, 2023-05) Thethe-Chitja, Makabelo
The success of commercial arbitration law and practice is achieved as a result of several factors. The purpose of the study was to investigate whether efficacy of commercial arbitration, law and practice in Lesotho is hindered by the legal framework which does not conform to the United Nations Commission Trade Law on International Commercial Arbitration, UNCITRAL Model Law. Examining such other factors as support of the courts and government, the study specifically investigated the impact of lack of education about commercial arbitration for the business community and unregulated arbitrators on the efficacy of the commercial arbitration, law and practice in Lesotho. With the use of the desk reviews and interviews as data collection methods for this study, the evidence obtained has revealed that efficacy of the commercial arbitration, law and practice in Lesotho is hampered by the law which is outdated and inconsistent with the UNCITRAL Model law. As such, support for the mechanism by the courts has been found to be at stake or adversely affected. Lack of support from the government and that of awareness campaigns about the mechanism for the business community have also been noted for constraining the efficacy of the commercial arbitration, law and practice in the country. Further noticeable from the findings include limited commitment from the legal profession and unregulated arbitrators, both of which could have significantly obstructed the mechanism. The study thus concludes that there is an urgent need for law reforms and concerted commitment from the relevant stakeholders to help towards achieving efficacy of the commercial arbitration, law and practice in Lesotho
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
An enquiry into the mining industry in Lesotho
(National University of Lesotho, 2023-05) Tlebere, Liteboho
The aim of this study was to discuss the challenges posed by the Legislative provisions under the Mines and Minerals Act No. 4 of 2005 which seems to cast to wide discretionary powers on the Minister responsible for Mining. Also, to highlight the weaknesses of the mineral regulatory functions under the Office of Commissioner of Mines. The study recommends the establishment of a regulatory body to do away with potential abuse of discretionary powers, conflict of interest of the Minister, direct political appointments and also assume regulatory function bestowed on the Commissioner of Mines under the current Act. In essence, the study advocates for repeal of the current Minerals Act and proposes the enactment of a new Mining Act that would establish amongst others, a regulatory body / Mining Authority to assume all the regulatory functions in the mining sector
Ensuring accountability and integrity of the police service through an effective oversight mechanism in Lesotho
(National University of Lesotho, 2023-05-31) Mokete, Paseka Pascalis
The Lesotho Mounted Police Service is characterised by unremitting brutality where the majority of people die in custody and get seriously injured without the perpetrators being brought to book either criminally or disciplinarily. It is the purpose of this research to enquire into the effectiveness of the Police Oversight Authority to curb the prevalence of human rights violations within the LMPS and hold them legally accountable for their misconduct. The research analyses the features of the efficient Independent Police Oversight mechanisms in other jurisdictions and finds out how the issues pertaining to police misconduct are effectively handled. It also explores the obligation imposed on the police management to report serious police conduct such as deaths in police custody to the oversight body. Furthermore, it shows how police management is mandated to implement the oversight recommendations on instituting disciplinary measures against concerned police officers as well as assisting the oversight bodies with the information that may be required for investigating police serious misconduct. It has been established that the Police Oversight Authority is not effective enough to hold police officers accountable for misdeeds and also to ensure that they perform their duties professionally. PCA is not accessible to the public, has no follow-up mechanisms in place to ensure that its recommendations have been implemented or complied with, does not publicise its report and as such its defective performance cannot be scrutinised by anybody. In a nutshell, the study answers the questions as to why there is a continuous violation of fundamental human rights and reigning culture of impunity within the LMPS as well as what can be done to remit such recurrenc
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 extent to which non-compete agreement impede development
(National University of Lesotho, 2024-05-17) Ramakhale, Mamphokoane
The use of non-compete agreements has faced some criticism. Research has shown that non- compete agreements block employees from freely switching jobs. This may suppress wages and deprive them of better working opportunities. They further result in the lack of mobility and competition, which may reduce bargaining power for employees, consequently leading to lower wages. As a result, development is hindered. This study aims to determine the extent to which non- compete agreements impede development. The study has predominantly relied on secondary data through the desk study method of data collection and the information has come from sources such as journal articles, books, case studies, international instruments and reports. The results indicate that non-compete agreements impede development. On this basis, it is recommended that employers and employees use alternatives to non-compete agreements as they are less restrictive to employee’s career growt
Female genital mutilation in Lesotho
(National University of Lesotho, 2024-05-31) Koetlisi, Mphunyetsane Albert
Female genital mutilation (FGM) is a harmful practice that needs to be eliminated in a free and democratic society. The practice of FGM violates a considerable number of women’s rights, including the right to health in particular. For women to fully enjoy their human rights for governments to see to it that their legal policy framework carters for the protection and promotion of women’s rights. The state’s obligation to domesticate international treaties that deal with the elimination and eradication of harmful practices needs to be taken seriously and timeously implemented. It is common knowledge that there are cultural practices such as FGM that are conventionally deemed to be harmful, discriminatory, inhumane as well as degrading and as a result, such practices must be abandoned. For every person to enjoy human rights, there is a need for enactment and enforcement of laws guaranteeing such rights for all individuals, without discrimination. This study aims to investigating how the practice of FGM violates women’s and girls’ right to health, and physical and psychological integrity in Lesotho. It also seeks to urge the government of Lesotho to domesticate international instruments that deal with the eradication of the practice of FGM.

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