Civil Laws at Lesotho
Lesotho’s civil laws are a mix of Roman-Dutch law, customary law, and modern statutory law. The legal system is a dual system, where customary law operates alongside formal (civil) law, depending on the context—especially in rural vs. urban areas.
Here’s a clear breakdown:
1. Structure of the Legal System in Lesotho
Roman-Dutch Common Law: The foundation of Lesotho’s civil law, inherited from South Africa during colonial times.
Customary Law: Based on traditional practices of the Basotho people; administered primarily in customary courts.
Statutory Law: Modern laws passed by Parliament.
The Constitution of Lesotho (1993): Supreme law of the land; all other laws must conform to it.
⚖️ 2. Key Areas of Civil Law
📜 Personal Status and Family Law
Governed by customary law and statutory law.
Issues like marriage, divorce, inheritance, and custody are often handled by customary courts.
Polygamous marriages are recognized under customary law.
There is legal recognition of both customary and civil marriages.
🏠 Property and Inheritance Law
Governed by a mix of Roman-Dutch law and customary practices.
Land cannot be owned outright by individuals—only leased from the state.
Land Act of 2010 regulates land rights, especially concerning women and access to land.
Inheritance laws often favor males under customary law, though reform efforts exist.
🧑⚖️ Contract and Commercial Law
Based on Roman-Dutch principles.
Contracts must meet general legal requirements: offer, acceptance, intention, and consideration.
There are modern laws covering business entities, partnerships, and commercial transactions.
💼 Labor and Employment Law
Governed by the Labour Code Order 1992.
Covers employment conditions, rights of workers, dispute resolution, and union activities.
Minimum wage laws and labor protections exist but enforcement is sometimes weak.
🏛️ 3. Court System Overview
Magistrates’ Courts: Handle minor civil and criminal matters.
High Court: Hears serious civil and criminal cases.
Court of Appeal: Highest court for appeals.
Customary Courts: Operate mainly in rural areas and handle personal and family disputes under customary law.
👥 4. Legal Challenges in Lesotho
Dual legal system sometimes leads to inconsistencies.
Gender inequality in customary inheritance and land rights.
Limited access to justice in rural areas.
Corruption and judicial delays are concerns in some parts of the system.
Legal aid is limited, especially for civil cases.
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