Lesotho · Overview
The legal system of Lesotho
Substantive private law is Roman-Dutch received through the Cape, with English procedure and criminal law. What distinguishes Lesotho is that its customary law was reduced to writing as the Laws of Lerotholi, so customary rules on chieftainship, succession and land are construed as a text rather than proved as fact by expert evidence — a difference that changes litigation practice compared with every neighbour. Land is vested in the Basotho Nation with the King as trustee and is held on lease rather than freehold, so ordinary conveyancing concepts do not transfer.
Legal tradition
Lesotho belongs to the mixed roman-dutch and english common law tradition. Substantive private law is Roman-Dutch received through the Cape, with English procedure and criminal law. What distinguishes Lesotho is that its customary law was reduced to writing as the Laws of Lerotholi, so customary rules on chieftainship, succession and land are construed as a text rather than proved as fact by expert evidence — a difference that changes litigation practice compared with every neighbour. Land is vested in the Basotho Nation with the King as trustee and is held on lease rather than freehold, so ordinary conveyancing concepts do not transfer.
How power is divided
Unitary with ten districts, and a recognised hierarchy of chiefs exercising customary functions over land allocation and local dispute resolution. The Senate includes the twenty-two principal chiefs ex officio.
Where law comes from
- Constitution
- Supreme law; inconsistent legislation is void.
- Acts of Parliament
- Primary legislation of the bicameral Parliament.
- Roman-Dutch common law
- Substantive private law drawn through Cape and South African authority.
- Laws of Lerotholi
- Codified customary law on chieftainship, succession, marriage and land.
- Case law
- Binding precedent from the Court of Appeal downwards.
The legal profession
A split profession in form — advocates and attorneys are separately admitted under the Legal Practitioners Act — though in practice many practitioners hold both admissions; the Law Society of Lesotho regulates the attorneys' branch.
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