Interpretation of Statutes at Lesotho
Certainly! Here’s an overview of Interpretation of Statutes in Lesotho:
📘 Interpretation of Statutes in Lesotho
1. Legal System Overview
Lesotho follows a mixed legal system combining Roman-Dutch law (common in southern Africa), customary law, and statutes enacted by its Parliament.
The Constitution of Lesotho (1993) is the supreme law.
Statutes are a primary source of law, interpreted alongside customary law where applicable.
2. Sources Governing Interpretation
The Constitution of Lesotho — the highest legal authority.
Statutes passed by Parliament.
Judicial decisions from courts including the High Court and Court of Appeal.
Customary law operates concurrently but cannot contradict constitutional or statutory law.
3. Principles and Methods of Interpretation
a. Literal Interpretation
Courts first look at the ordinary meaning of the statutory text.
Clear wording is applied as written.
b. Contextual/Systematic Interpretation
Statutes are read within the broader legal and social context.
Courts consider related statutes and the purpose of the law.
c. Purposive (Teleological) Interpretation
When the wording is ambiguous, courts seek the legislative intent and objectives.
This method promotes justice and avoids absurd outcomes.
d. Constitutional Consistency
Statutes must align with the Constitution.
Courts may invalidate provisions that violate constitutional rights.
4. Judicial Role
The High Court and Court of Appeal interpret statutes and ensure consistency with constitutional principles.
Judicial precedent is influential though not strictly binding.
Customary law matters are adjudicated in local courts but must comply with higher laws.
5. Summary Table
| Principle | Description |
|---|---|
| Literal Interpretation | Focus on the clear, ordinary meaning |
| Contextual Interpretation | Read within broader legal and social framework |
| Purposive Interpretation | Seek legislative intent and purpose |
| Constitutional Supremacy | Ensure consistency with the Constitution |
RELATED Blog
0 comments