The internal conflict of laws in Lesotho

Of the legal systems of the former three High Commission Territories in Southern Africa, that of Lesotho lies in between that of Swaziland with its strict dualism and that of Botswana which, though still dualist, shows overt signs of developing into a unified system. Of the three countries, Lesotho...

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Bibliographic Details
Published in:The Comparative and international law journal of southern Africa 1987-11, Vol.20 (3), p.377-404
Main Authors: Maqutu, WCM, Sanders, AJGM
Format: Article
Language:English
Subjects:
Appellate courts
Civil law
Conflicts of laws
Courts of law
Customary international law
High Commission Territories in Southern Africa
Internal conflict rules
Jurisdiction
Kingdom of Lesotho
Law reform
Legal systems
Marriage
Respect
Sesotho customary law
Statutory law
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Summary:Of the legal systems of the former three High Commission Territories in Southern Africa, that of Lesotho lies in between that of Swaziland with its strict dualism and that of Botswana which, though still dualist, shows overt signs of developing into a unified system. Of the three countries, Lesotho has by far the most involved set of internal conflict rules which, unlike the position in Botswana and Swaziland, have, for the most part, been formulated by the superior courts. On the other hand, of the three countries Lesotho has progressed farthest in the direction of a unified court structure. This is of the greatest importance as history elsewhere has shown that a unified judiciary leads towards unification of law. However, unification is not something which should, or indeed could, be forced upon the public. It is a long-term endeavour which depends for its successful outcome upon a carefully planned law reform programme which seeks community participation and support.
ISSN:0010-4051
2522-3062