n Journal for Juridical Science - Private international law : Lesotho High Court assumes South Africa's High Court jurisdiction - : case note

Volume 38, Issue 1
  • ISSN : 0258-252X



is a divorce case involving two South Africans, resident in South Africa. The case was brought by the applicant before the High Court of Lesotho wherein he requested the Court to grant him a divorce against the respondent and to award him sole custody of their minor child N aged six. Before the parties married, the respondent was a citizen of Lesotho. Upon marriage to the applicant, the respondent took the applicant's citizenship and residence, which is that of South Africa. Ever since her marriage to the applicant, the respondent resided in South Africa with the applicant and the couple had a child born of their marriage. The child is a South African born of South African parents and is resident in South Africa with his parents. The couple has movable and immovable property in South Africa and also work in South Africa. The case was heard before Justice Kelello Guni of the High Court of Lesotho (also Judge of the African Court of Human and Peoples Rights 2006-2010) who then granted divorce as requested by the applicant in his prayers. The Judge, however, denied the applicant sole custody of the child. Rather, she ordered joint custody and further ordered the applicant to pay monthly maintenance towards the minor child, N.

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