Constitution of Lesotho 1993, as amended to 2020
Customary Law
  • English
    1. Subject to the provisions of subsections (4) and (5) no law shall make any provision that is discriminatory either of itself or in its effect.

    3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
    4. Subsection (1) shall not apply to any law to the extent that that law makes provision—

    b. for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;
    c. for the application of the customary law of Lesotho with respect to any matter in the case of persons who, under that law, are subject to that law;
    … (Sec. 18)
Customary Law
  • English
    The Senate shall consist of the twenty-two Principal Chiefs and eleven other Senators nominated in that behalf by the King acting in accordance with the advice of the Council of State: … (Sec. 55)
Customary Law
  • English
    1. The twenty-two offices of Principal Chief set out in Schedule 2 to this Constitution and the other offices of Chief recognised under the law in force immediately before the commencement of this Constitution shall continue to exist.
    2. Parliament may make provision for the regulation of offices of chief.
    3. Each Chief shall have such functions as are conferred on him by this Constitution or by or under any other law. (Sec. 103)
Customary Law
  • English
    1. There shall be a College of Chiefs which, subject to the provisions of subsection (3), shall consist of the twenty-two Principal Chiefs.
    … (Sec. 104)
Customary Law
  • English
    1. In this Constitution, unless the context otherwise requires:
    • "Chief" does not include the King but includes Principal Chief, and Headman and any other chief whose office is recognised by section 103(1) of this Constitution, and references to a Chief are references to the person who, under the law for the time being in force in that behalf, is recognised as entitled to exercise the functions of the office of that Chief;

    • "customary law" means the customary law of Lesotho for the time being in force subject to any modification or other provision made in respect thereof by any Act of Parliament;

    • "law includes--
    ...
    ii. the customary law of Lesotho and any other unwritten rule of law, …
    • "Principal Chief" means a chief whose office is among those set out in Schedule 2 to this Constitution;
    … (Sec. 154)
Links to all sites last visited 31 March 2021
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Chapter IV on Citizenship.
3
Chapter II on Protection of Fundamental Human Rights and Freedoms.
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Chapter II on Protection of Fundamental Human Rights and Freedoms.
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Chapter II on Protection of Fundamental Human Rights and Freedoms.
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Chapter XIA on Human Rights Commission.
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Chapter II on Protection of Fundamental Human Rights and Freedoms.