n Lesotho Law Journal - Limitation of human rights under the constitution of Lesotho and the jurisprudence of superior courts

Volume 23, Issue 1
  • ISSN : 0255-6472


The 1993 Constitution of Lesotho establishes the human rights regime undergirded by the notion of non-absolutism. The Constitution establishes internationally recognized fifteen human rights. It also provides for predominantly special limitations model to the said rights. However the proviso to section 4(1) of the Constitution places a somewhat general condition for limitation of human rights in the Bill of Rights - that all the special limitations should ensure that enjoyment of human rights does not prejudice the rights of others or public interest. Superior courts in Lesotho in many occasions have had to contend with this unique model of limitation of human rights. In some instances they even churn out inconsistent human rights jurisprudence. The purpose of this paper therefore, is to critically analyse the models of limitation of human rights used under the constitution of Lesotho and how superior courts in Lesotho are handling the notion of human rights limitation as it is espoused by the Constitution. The paper seeks to propose a coherent model that will assist the superior courts to manage the long-standing challenge of balancing notion of human rights and its concomitant - the limitation of human rights.

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