Lesotho Law Journal - Volume 21, Issue 1, 2014
Volume 21, Issue 1, 2014
Author K.K. MohauSource: Lesotho Law Journal 21, pp 1 –32 (2014)More Less
The idea of a limited government encapsulated in the concept of constitutionalism is, like all ideals, capable of realization to differing degrees from country to country, and even at different times in one country's constitutional development. Constitutional amendment is indispensable to constitutional development but, like a double edged sword, the process is capable of either helping or hurting a country's project to build a constitutional state. This paper evaluates the amendment process provided for in the Constitution of Lesotho. It makes a case for adopting substantive limitations to the Constitution's amendment as a means of ensuring the continued respect for constitutionalism.
Author Kananelo E.K.C. MositoSource: Lesotho Law Journal 21, pp 33 –58 (2014)More Less
This paper discusses the intersection between constitutional provisions and labour law in Lesotho. It identifies and discusses the fundamental human rights and freedoms as well as the principles of state policy embodied in the Constitution of Lesotho. It goes on to discuss the impact that each one of the Chapter II and Chapter III provisions has on labour relations, thereby determining the extent to which there exists an intersection between constitutional law and labour law. It also brings to the fore the judicial interventions that have taken place in Lesotho within the context of the intersection of constitutional law and labour law.
Source: Lesotho Law Journal 21, pp 59 –86 (2014)More Less
The Lesotho Constitution of 1993, although it bears all the hallmarks of the erstwhile British colonies, ushered in a paradigmatic shift in the development of constitutional democracy in Lesotho. It came to break a long haul of non-constitutionalism combined with military rule. The constitution therefore introduces a new order based on popular government and multi-partyism as opposed to militarism and one-party dictatorship; rule of law as opposed to arbitrariness and hope as opposed to despondency. The purpose of this article therefore is to evaluate not only how the doctrine of constitutional democracy permeated the post-colonial constitutional design in Lesotho, but also how it has practically fared in constitutional practice. The essay starts-off by placing the 1993 Constitution within its typology and then assesses the theory of constitutionalism. The major strands of constitutionalism are evaluated, namely; separation of powers, the rule of law and independence of the judiciary in the context of the post 1993 constitutional dispensation.
Women & succession to chieftainship in Lesotho : the evolution of customary law and the 1993 ConstitutionAuthor Itumeleng ShaleSource: Lesotho Law Journal 21, pp 87 –105 (2014)More Less
Women in Lesotho have for a long time been, and continue to be, deprived of participation in leadership positions including traditional leadership in chieftainship. This has been the case despite independence from colonial rule and the Kingdom's assertion that it is a democratic country. While the 1993 Constitution of Lesotho very well captures that the principles of equality and non-discrimination are conditio sine qua non for enjoyment of all other human rights in a democratic society, it however still has provisions that perpetuate discrimination against women. Sections 4, 18 and 19 of the Constitution give with one hand, the promise of gender equality and non-discrimination of women. However section 18(4)(c) snatches same from women under the guise of Sesotho Customary Law. This give-and-take of the Constitution is a violation of the very same rights that the Constitution claims to guarantee. However, section 18(4) (e) presents yet another promise that the rights snatched by section 18(4)(c) may be reclaimed depending on whether the incumbent parliament has the political will to do so.
Author Tefetso H. MothibeSource: Lesotho Law Journal 21, pp 107 –116 (2014)More Less
The adoption of 1993 Lesotho Constitution was part of the momentous changes which occurred throughout Southern Africa in the early 1990s. This paper attempts to provide an historical and political background to the 1993 Lesotho Constitution, namely, the process through which Lesotho attained its constitution rather than the content of this constitution. It argues that the withdrawal of the Military regime (1986-1993) and the transition to democratic and constitutional rule that followed were driven by the international, regional and local events.
Author Letzadzo KometsiSource: Lesotho Law Journal 21, pp 117 –135 (2014)More Less
Focus of this paper will be mainly on siPhuthi as one of the minority languages and the need for its protection as an endangered language of the Kingdom of Lesotho. The aim of the paper is to argue for the constitutional or legal protection of the language of siPhuthi and other minority languages in Lesotho to avoid their extinction but mostly to afford speakers of the languages as their mother tongues, their natural rights to realise all uses of a language.
This is done by first looking at the definitions and different uses of a language and what is meant by "minority languages". Next the paper deals with whether siPhuthi is a language of the minority. The paper then takes an overview of what the situation of the language of siPhuthi and the other minority languages in Lesotho is. This overview will include an analysis of the extent to which siPhuthi is an endangered language in comparison to the other languages. Lastly the paper explores the avenues open for the protection of the language.