Family
Civil and customary marriage under Roman-Dutch law with Laws of Lerotholi
Marriage may be civil, under the Marriage Act, or customary under the Laws of Lerotholi. The Legal Capacity of Married Persons Act 9 of 2006 abolished the husband's marital power in civil marriages. Customary marriage requires bohali (bridewealth) and may be polygynous.
Key rules
- Jurisdiction — The High Court hears civil divorce; local and central courts apply customary law.
Governing law
- Marriage Act 10 of 1974
- Legal Capacity of Married Persons Act 9 of 2006
- Laws of Lerotholi — codified Basotho customary law
- Children's Protection and Welfare Act 7 of 2011
In practice
The Laws of Lerotholi are an unusual artefact: a written codification of Basotho custom compiled in the colonial period, still applied, which means Lesotho's customary law is textual in a way most African customary systems are not — and therefore ages in a way that living custom does not.