Law Lesotho

the parliament building in maseru

the constitution of lesotho came force after publication of commencement order. constitutionally, legislation refers laws have been passed both houses of parliament , have been assented king (section 78(1)). subordinate legislation refers laws passed other bodies parliament has virtue of section 70(2) of constitution validly delegated such legislative powers. these include government publications, ministerial orders, ministerial regulations , municipal by-laws.

although lesotho shares south africa, botswana, swaziland, namibia , zimbabwe mixed general legal system resulted interaction between roman-dutch civilian law , english common law, general law operates independently. lesotho applies common law, refers unwritten law or law non-statutory sources, excludes customary law. decisions south african courts persuasive, , courts refer them in formulating decisions. decisions similar jurisdictions can cited persuasive value. magistrates’ courts decisions not become precedent since these lower courts. bound decisions of high court , court of appeal. @ apex of lesotho justice system court of appeal, final appellate forum on matters. has supervisory , review jurisdiction on courts of lesotho.

lesotho has dual legal system consisting of customary , general laws operating side side. customary law made of customs of basotho, written , codified in laws of lerotholi whereas general law consists of roman dutch law imported cape , lesotho statutes. codification of customary law came after council appointed in 1903 advise british resident commissioner on best basotho in terms of laws govern them. until time, basotho customs , laws passed down generation generation through oral tradition. council given task of codifying them, came laws of lerotholi applied customary courts today (local courts). written works of eminent authors have persuasive value in courts of lesotho. these include writings of old authorities contemporary writers similar jurisdictions.