Civil law in Lesotho

Lesotho has no single civil code or single authority for all private-law matters. Constitution section 154 treats law as including legislation, customary law and unwritten common law. Customary law consists of recognised community-based rules, while the Laws of Lerotholi are a local customary-law reference. A customary or family process has legal effect only where the applicable law recognises it and the chosen forum has jurisdiction. Natural persons and legal persons such as companies and associations can hold civil rights and duties. Under the Interpretation Act, adulthood generally begins at 21, while the Children's Protection and Welfare Act treats a person under 18 as a child; particular laws may apply different capacity rules. The Legal Capacity of Married Persons Act 2006 removed the former minority status of married women and gives spouses equal capacity concerning a joint estate, joint assets, joint debts and administration. Guardians and curators may be appointed under child or estate law. Contracts in Lesotho generally rely on common-law principles together with transaction-specific statutes. A contract can create duties to perform, rights arising from breach and remedies that depend on the agreement, evidence and applicable law. A written arbitration agreement can send a dispute to arbitration under the Arbitration Act 1980, but matrimonial and status matters cannot be arbitrated. Land-related disputes may use arbitration, conciliation, mediation, settlement or negotiation under the Land Act. Consumer issues primarily belong to consumer protection rather than this general civil-law scope. Land has a distinctive legal system. Under section 4 of the Land Act 2010, all land is vested in the Basotho Nation and held in trust by the King. Private title exists only through the forms recognised by the Land Act, normally through allocation, lease and registration. Lease terms generally range from 10 to 90 years depending on the use. The Land Administration Authority, or LAA, handles leases, consents, registration, cadastral records, land records and complaints. A consent decision is generally due within 30 days, and the lease document should be prepared within a maximum of three months after the certificate is received. Application, registration and stamp-duty fees may apply, together with ground rent. A citizen using residential land personally may qualify for ground-rent exemption under the applicable conditions. Spouses married in community of property, including customary or polygamous households, may require joint title and joint consent. The Land Court is a division of the High Court, while District Land Courts operate within the Subordinate Court structure. Family matters combine formal and customary pathways. The Marriage Act 1974 and the Legal Capacity of Married Persons Act 2006 govern major parts of formal marriage law. A civil marriage can be conducted at a Home Affairs office or by an authorised church officer. Civil registration is free; the stated service time is one hour, and processing is generally three days for an adult or minor. An adult normally presents identification. A minor normally needs a birth certificate, a parent's or guardian's consent and identification. Customary marriage registration is also available. The Children's Protection and Welfare Act requires decisions concerning children to respect their best interests, evolving capacity and non-discrimination. Parents or guardians have joint primary responsibility, including issues of custody, access and maintenance. A Children's Court maintenance order normally continues until 18 and may continue during secondary education or training. Enforcement can begin after 30 days. Matrimonial proceedings in the High Court follow the 2024 rules, and the duration of divorce, property and custody cases depends on the case. Inheritance is governed by the Administration of Estates and Inheritance Act 2024, Act 2, which commenced on 2 April 2024. It applies to civil and customary estates, wills, intestate estates, minors and curatorship or incapacity matters. The Master of the High Court centrally administers estates, including reporting and distribution. A will or written instructions can determine distribution, subject to applicable law. The customary-law heir and allocation rule does not apply under section 69. Where there is no will, children receive equal shares regardless of sex. In a polygamous household, the children of each house receive equal shares. The Master must approve disposal of a minor's property. Siblings may inherit land as co-owners, while arable land cannot be subdivided. Master, executor, appraiser and registry fees may apply, and the 2026 fee schedules changed some charges. Estate completion has no universal deadline and depends on the assets, disputes, reports and required approvals. Civil liability commonly uses the term delict for a civil wrong that causes legally recoverable harm. Claims may require proof of conduct, fault, causation, loss and an available remedy. The High Court or a Subordinate Court may hear the claim according to jurisdiction. The Prescription Act 1861 creates three-year periods for certain claims, but the applicable period depends on the type of claim. A claimant should check prescription before filing because expiry can defeat or restrict a claim. Filing fees, legal fees, expert costs and an adverse-cost order may affect the total expense. The High Court has unlimited original civil jurisdiction. The High Court Civil Litigation Rules 2024, Legal Notice 65, commenced on 21 June 2024 and provide for pleadings, evidence, witnesses, mediation, case management and enforcement. Their objectives include just, speedy, efficient, proportionate and cost-effective proceedings. Subordinate Courts follow the Subordinate Courts Order 1988 and Subordinate Court Rules 1996. An appeal from a Subordinate Court generally goes to the High Court, with further appeal to the Court of Appeal where the governing law permits. There is no reliable general duration for a civil case because timing depends on the court, service, evidence, opposition, settlement and enforcement. After a judgment or order, the executing court may issue enforcement process. The High Court sheriff or deputy sheriff and the Subordinate Court messenger may use measures such as attachment, sale, garnishee process or instalments where the law permits. A High Court writ remains executable until the judgment is satisfied, subject to prescription law. An appeal or application may suspend execution or allow it to continue. Execution costs, sheriff or messenger fees and auction charges may be added. Lesotho Legal Information Institute provides free access to statutes and judgments. Legal Aid Lesotho can provide civil advice or representation to people who cannot afford private counsel.