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Item Trafficking in persons in Lesotho(National University of Lesotho, 2023-11-13) Motipi, TankisoThe passage of the Anti-Trafficking in Persons Act 2011 represented a significant milestone in Lesotho's endeavours to counteract Trafficking in Persons. In light of the prevalent issue of human trafficking within the country, exacerbated by the absence of a robust legal framework to address the problem, the introduction of legislation criminalising Trafficking in Persons, establishing institutions to combat the crime, and providing for the protection of trafficking survivors can be seen as a partial manifestation of Lesotho's commitment to combating this form of exploitation. However, the mere enactment of legislation marks only the initial phase, as the effectiveness of any legislation hinges upon its proper implementation. This dissertation examines the implementation of the Act and assesses its efficacy in upholding the rights and welfare of trafficked survivors. Utilising an extensive literature review, qualitative interviews, comparative analysis with best practices from other nations, and legal scrutiny, this study evaluates the degree to which the Act has been put into practice and identifies the challenges encountered during its execution. The research probes into the Act's provisions concerning prevention, protection, prosecution, and collaborations among key stakeholders. Additionally, it scrutinizes the alignment of the Act with international standards and analyses the experiences of various stakeholders, including governmental bodies, Non-Governmental Organisations, and law enforcement agencies. By illuminating both strengths and weaknesses, this study aims to facilitate policy discussions, steer future interventions, and advocate for a more efficient response to combat Trafficking in Persons in Lesotho, all while safeguarding the rights and dignity of trafficking survivors. Thresearch findings contribute to the existing literature on anti-trafficking endeavours and propose recommendations to bolster the protection of human trafficking survivors. These recommendations encompass training programs for law enforcement and relevant authorities, the allocation of adequate resources for victim support services, and fostering cross-border cooperation and collaborationsItem A legal analysis of discrimination and women's right to to inheritance to chieftainship in Lesotho(National University of Lesotho, 2024-07) Mahlehle, Monyake PhilemonIn recent times, the right of women to succession to the chieftainship has become a center of discussions in various platforms in Lesotho. There is evidence that it was not completely ignored. Lesotho had gone through three (3) phases in which rights of women in general, not only the right to succession to the chieftainship was under scrutiny. The history is traced as far as the pre-colonial era, during the colonial era and the post-colonial era as reflected below.Item Investigating the impact of the social model of disability on access to justice for persons with disabilities, and special needs in public institutions in Lesotho(National University of Lesotho, 2024-05-31) Zziwa, Lilahloane ExiniaAccess to justice is a cardinal aspect of human rights which connotes equality of individuals and non-discrimination. There cannot be a just and equitable justice for all, properly so-called, without access to justice. Ideally, access to justice pre-supposes that all individual human beings should have the ability to obtain redresses and/or remedies through the instrumentality of the law, notwithstanding their circumstances of birth or social standing. However, in Lesotho as in much of the developing world, access to justice remains a difficulty for persons with disabilities and special needs. An array of factors ranging from societal attitudes and gaps in the law to governmental and institutional barriers are responsible for this situation. This study investigates the impact of the social model of disability on access to justice for persons with disabilities and special needs in public institutions in Lesotho and examines the nature of the difficulties encountered by these underprivileged persons in accessing justice, such as obtaining a legal practitioner who is conversant in braille and sign language, amongst othersItem The right to marry for members of the Lesbians, gays, bisexual, transgender, queer, and many more (LGBTQI+) community(National University of Lesotho, 2024-05) Lepheane, Tholang VitalisThe debate on the rights of homosexuals (it must be noted that, the word “homosexual” is used to refer to the LGBTQI+ community mentioned in the title and shall be used interchangeably) to marry one another has been a heated debate from the time the topic came into public discourse.1 The question of the legalisation of homosexuality in general has been tabled before different parliaments, with some countries like South Africa haven gone ahead to legalise the marriage between same sex couples. Other countries like Uganda have rather banned such activity on the basis that it is a sinful practice.2 Both the courts and parliaments are facing a great challenge since the LGBTQ+ community is backed by European countries and organisations that influence governments to legalise homosexuality.3 The influence of Europeans, Americans and civil organisations has also been realised with the passing of the law of inheritance in Lesotho, being a typical example that Americans may in future also influence the government to enact the law that legalises marriage between homosexuals in Lesotho.4 Hence the need to probe into the discussion.Item The extent to which non-compete agreement impede development(National University of Lesotho, 2024-05-17) Ramakhale, MamphokoaneThe 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 growtItem The liability of a bank for robbery of a customer in its premises in South Africa(National University of Lesotho, 2024-05-31) Moshesha, Makokoli AliceBanks play a significant role in the economy by providing essential financial services to individuals and businesses. Because of the nature of their banking business, which entails the handling of money, banks have had to put up some security measures in their premises. These security measures are not only meant to safekeep the money held or stored in the bank, but also to protect the employees of the bank and the customers from criminal attacks. The protection of customers in the bank premises is very important because customers are usually not allowed to bring or carry weapons into the bank. It is primarily for this reason that banks are usually perceived by members of the public as some of the safest place for customers, such that it is believed that customers cannot be robbed while in the bank premises. The foregoing notwithstanding, however, customers do often get robbed in the bank premises in South Africa and many other parts of the world, including the United States of America. Whenever this happens, the customers who have been robbed of their monies believe that the bank should be held liable or responsible to compensate them for their loss; wherefore legal scholars, lawyers and courts of law have frequently had to examine the potential liability of the bank for robbery of the customer’s money in the bank premises. This is by no means an easy questionItem Female genital mutilation in Lesotho(National University of Lesotho, 2024-05-31) Koetlisi, Mphunyetsane AlbertFemale 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.Item 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 IreneThe 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 objectivesItem Ensuring accountability and integrity of the police service through an effective oversight mechanism in Lesotho(National University of Lesotho, 2023-05-31) Mokete, Paseka PascalisThe 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 recurrencItem The efficacy of commercial arbitration, law and practice Lesotho(National University of Lesotho, 2023-05) Thethe-Chitja, MakabeloThe 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 LesothoItem An enquiry into the mining industry in Lesotho(National University of Lesotho, 2023-05) Tlebere, LitebohoThe 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 sectorItem Legitimate policy justifications for conformity of Lesotho's regulatory framework for imported used vehicle retailers with its World trade organisation obligations(National University of Lesotho, 2023-06-17) Semela, ThooraItem 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, NtsiuoaItem Resignation (with immediate effect) and forfeiture of severance pay in Lesotho(National University of Lesotho, 2023-05-31) Lesholu, RelebohileItem The bankers' duty of care with regard to financial advice(National University of Lesotho, 2023-05-18) Mosese, NtebohelengItem The Southern African Development Community (SADC)(National University of Lesotho, 2023-07-26) Koboyatau, Katlego TumoFollowing the aspirations of the Front Line States to free their economies from dependency on Apartheid South Africa, an initiative was taken to establish the Southern African Development Coordination Conference (SADCC). As the years went by, the politically motivated conference was transformed into a regional community (Southern African Development Community (SADC)) wherein member states were to cooperate towards developing their economies. Impressive policies and legal instruments aimed at furthering cooperation through integration have since been developed within SADC. These have the potential of transforming the regional community into a utopia populated by industrialized economies which produce globally competitive products. However, this, has not been possible in the absence of leadership that is committed to the implementation of these policies and legal instruments. History has shown that, throughout the years, SADC has faced various economic challenges which originate from outside the region. These economic challenges have had detrimental effects on the economies of member states, even in the face of the aforesaid impressive policies and instruments. There is a need, therefore, for member states to ensure that arrangements aimed at promoting SADC regional integration are implemented and, that other means of cooperation are also considered, so as to enhance the region’s resilience to external economic shocks.Item The importance of monitoring and evaluation framework in the implementation of speedy reduction of criminal cases pendency(National University of Lesotho, 2023-07-05) Motlamelle, Boitumelo VioletIn order to achieve the highest level of protection of people’s right to speedy criminal trials, the existence of a well-functioning compliance mechanism is a necessity. Based on this, the paper sought to interrogate the importance of an M&EF within the Maseru Magistrate Court as a compliance mechanism and a means towards the reduction of the high pendency of criminal cases, particularly murder cases within the court. To achieve its aims and objectives, the paper made use of a mixed method research approach where qualitative and quantitative research methods were used to achieve a clear description of the problem and provide an even meaningful interpretation and analysis of the data collected. The Criminal Registry book kept at the Maseru Magistrate Court Criminal section was used for the collection of the quantitative data while a questionnaire distributed to stakeholders in the criminal justice system was used to the collection of the quantitative data. During the study, the paper discovered that there is indeed a problem of the high pendency of murder cases within the Maseru Magistrate Court and this is a conclusion that was based on the realization that 100% of the sample cases were still pending within the court. although the paper acknowledged that there may be a number of factors contributing to the high pendency, it attributed the problem largely to the lack of compliance within the criminal justice system to the provisions of the SCTA. It argued that the use of M&EF for the SCTA within the Maseru Magistrate Court can improve compliance to the strict timeframes prescribed by the law and subsequentlyhelp with the reduction of the high pendency of criminal cases. Based on the interpretation and analysis of the data collected, the review of the papers by other scholars on this phenomena of high pendency of criminal cases despite the existence of the law making provision for speedy criminal trials as well as the consideration of the decisions by the High Court of Lesotho on issues relating to violation of speedy trial rights, the paper came to a conclusion that there is indeed a problem of the high pendency of murder cases within the Maseru Magistrate Court and that the high pendency is a direct result of the lack of the existence of a compliance mechanism for the SCTA. It therefore recommended the creation of an M&EF which is made up of a combination of the following approaches RBM&E, PBM&E and TBM&E as a compliance mechanism for the SCTA. The paper alsorecommended the creation of specialized courts which will deal solely with the murder cases and within which the M&EF will be implementedItem Attaining effective and speedy resolutions of unfair dismissal disputes in Lesotho(National University of Lesotho, 2023-06-19) Ntaitsane, Mamolefi Anacletta; Lephoto, MotsoaneItem An inquiry into the mining industry of Lesotho(National University of Lesotho, 2023-05) Tlebere, Liteboho; Macheli, Seth PusetsoThe 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.Item Economic cost of gender based violence against women and girls in Lesotho(National University of Lesotho, 2023-05-31) McPherson, Puseletso; Ngang, Carol ChiThe 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
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