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Item Open Access Striking a balance between human rights protection and maintaining National Security(National University of Lesotho, 2025-05-07) Ramakoala, LebohangThis mini-dissertation explores the complex interplay between the protection of human rights and the imperative of national security within the context of Lesotho’s constitutional framework. In a democratic dispensation, it is essential for national security agencies to uphold public safety while simultaneously, required to respect human rights and freedoms. The study delves into the dilemmas faced by the security agencies as they navigate the often conflicting demands of constitutional responsibilities and security imperatives. Through a case study approach, the research examines the historical, legal, and social dimensions of national security practices in Lesotho, highlighting instances where efforts to safeguard citizens have encroached upon human rights. The analysis draws on use of the qualitative research methodology and a review of legal documents and case law. The findings reveal a persistent tension between the objectives of national security and the commitment to uphold democratic values, with significant consequences for human rights protection and public trust in security institutions. The mini- dissertation concludes with recommendations for policy reforms aimed at fostering greater accountability and transparency among national security agencies while enhancing their capacity to protect human rights in the execution of their constitutional mandates. The research contributes to the broader discourse on national security in a democratic setting, offering insights that are particularly relevant for emerging democracies grappling with similar challenges.Item Open Access The impact of the absence of electronic commerce legislation on data privacy and security in electronic transactions in Lesotho(National University of Lesotho, 2025-05-10) Sephoso, Malefetsane MichaelElectronic commerce (e-commerce) refers broadly to all forms of commercial and/or economic activity conducted through electronic means.1 It comprises of not only the buying and selling of goods and services over the internet,2 but also activities such as advertising, online banking, digital content delivery and many others.3 The growth of e-commerce has, amongst others, reduced the need for buyers and sellers to meet physically, as many transactional activities can now be carried out online. However, with the increasing use of the internet and the expansion of e-commerce, concerns have arisen regarding the adequate protection of consumer information.4 Thereby giving rise to significant cybersecurity risks.5 Cybersecurity in this context is defined as the practice of protecting the integrity and confidentiality of information in the digital realm.6 It is for this reason that the problem that this study discusses is cybersecurity in Lesotho. Particularly the right to privacy of information in e-commerce, data protection and data security.Item Open Access An analysis of how human rights violations affect development in Lesotho(National University of Lesotho, 2025-05-31) Molikoe, Nthabeleng MagretThis study critically examines the intricate impact of human rights violations on development in Lesotho. It demonstrates that human rights violations are not only perpetuated by direct infringements of fundamental rights but also by the state’s failure to ensure the justiciability of all human rights for effective enforcement. Socio-economic and cultural rights are considered non- justiciable in Lesotho and this means that their interdependence with civil and political rights is overlooked. Additionally, discriminatory practices entrenched in customary law are retained and shielded by the Lesotho Constitution of 1993. The system of male primogeniture, which is one of the practices protected by culture, creates gender inequalities in society. Men are privileged to the detriment of women, and this consequently undermines the ability of women to effectively contribute to their societies in promoting development. It highlights that Lesotho has traditionally been classified as a dualist state. There have however,been trends in the use of monism and this has conversely repudiated Lesotho’s strict categorisation as a dualist state. Nonetheless, it is argued that the reliance on both theories of monism and dualism is presently inadequate for ensuring the protection of human rights and compliance with international human rights instruments. Lesotho is a state party to a plethora of treaties, and consequently has to comply with its obligations. To facilitate this, it is important that Lesotho prioritises the protection human rights and discard the strict adherence to the monist-dualist dichotomy, which has proven to hamper the protection of human rights. Moreover, the study integrates a comparative perspective with South Africa and Kenya to draw valuable lessons and strategies for curbing human rights violations that impact on development. These countries experiences’ highlight the complex relationship between the protection of human rights and the effects of such violations on development. This study urges inter alia, the government of Lesotho to enshrine all socio-economic and cultural rights as judicially enforceable rights and repeal all discriminatory practices that are protected by customary law.Item Open Access Critical discussion of the severance pay legal framework in Lesotho(National University of Lesotho, 2025-05) Thejane, MotlatsiThis Dissertation critically examines the legal framework governing severance pay in Lesotho, with a comparative focus on Austria’s reformed severance pay model. The study explores the historical development of severance compensation in Lesotho, the statutory provisions under the Labour Act 2024, and the system’s compliance with international labour standards, particularly ILO Convention No. 158and Recommendation No. 166. Through legal and comparative analysis, the paper identifies significant weaknesses in Lesotho’s current system, including its financial burden on employers, lack of portability, and limited protection for employees in cases of liquidation or insolvency. In contrast, Austria’s pre-funded severance scheme offers a sustainable, equitable, and mobile model. The study recommends that Lesotho adopt similar structural reforms to enhance the fairness, efficiency, and sustainability of its severance pay system, ensuring better protection for both employers and employees within an evolving labour market.Item Open Access The Constitutional Implications of Abuse of Entrapment in the Workplace:(National University of Lesotho, 2025-05-26) Sello, ThakaneThis research is aimed at scrutinizing the legal ramifications of civil entrapment in the context of Lesotho’s legal landscape, utilising South Africa and United States jurisprudence as reference points. By undertaking an in-depth investigation of entrapment practices, the study pinpoints the lacuna in Lesotho's legal landscape: both the Labour Act 2024 and its predecessor the Labour Code Order 2000 as well as the Criminal Procedure and Evidence Act 1981 are silent on the issue of civil entrapment. Shifting gazes to South Africa as the first reference point, it has the legal framework which pronounces itself more clearly in terms of section 252A of its Criminal Procedure Act and relevant case law, and the U.S.A on the other hand, opts a subjective predisposition test rooted in constitutional protections, Lesotho lacks any formal structure to regulate such practices. This legal vacuum places both stakeholders at risk of falling prey to vulnerable to coercive investigative methods and employers uncertain about evidentiary standards and due process requirements. The study closes the research by recommending appropriate legislative reforms, including amendments to the Labour Act 2024 and the Criminal Procedure and Evidence Act 1981. These reforms are meant to act as the bridge that fills the legislative void by providing procedural safeguards, clarifying the boundaries of lawful surveillance, and seeing to it that any evidence emanating from entrapment is gathered andutilized in a constitutional manner. The research commences by laying out the conceptual foundations of workplace entrapment, shining light on its double pronged nature as both a potential weapon for exposing misconduct and a risk for violating individual rights. Entrapment, when utilized in a mala fide way, it can result in manipulation, emotional bullying, and self-created crime. The inherent danger that attaches to employees in a jurisdiction where relevant legislation is silent on this issue, there is potential for it to be abused by employers. Considering this, this research views entrapment not just as a procedural issue but as a constitutional issue that could give rise to a number of issues which have a bearing on privacy, dignity, and unfair labour practices. By embarking on the comparative analysis, the research shines light on the manner that South African courts have attempted to strike a balance intersee the interests of employers with the rights of employees. Landmark cases such as Cape Town City Council v SAMWU and Caji v Africa Personnel Services paint a clear picture on the canvas on the manner South African courts treat entrapment and they err on the side of caution, in instances where there is existencef proof of inducement or manipulation. In both cases, courts reiterated the necessity of procedural fairness and tossed aside evidence gathered via emotionally coercive methods. Unlike in South Africa, the United Stated jurisprudence on entrapment reveals that the main enquiry in any case where entrapment is involved is whether the entrapped person had predisposition. Analysis of cases of Jacobson v United States and Sorrells v United States is to the effect that the courts’ focus is the latitude to which government agents may instigate criminal behaviour. It is true that this benchmark, places focus on the defendant’s mindset than the investigator’s conduct, however it acts as an indispensable constitutional safeguard against abuse of power. The research further pinpoints the fact that Lesotho’s Constitution provides a strong foundation for regulating workplace entrapment, despite the absence of a specific legislative instrument to that effect. Rights to privacy, and freedom from arbitrary action are already contained in Lesotho’s legal system. Nonetheless, without enabling legislation to operationalize these rights in workplace investigations, constitutional protections remain theoretical. For that reason, this research presents a hybrid legal model for Lesotho: one that blends South Africa’s procedural safeguards with the U.S. emphasis on individual predisposition to come up with a strong legal framework that is the best of both worlds and best regulate workplace entrapment. To round off, the research puts forth the recommendation that is aimed at amending both theLabour Act 2024 and the Criminal Procedure and Evidence Act 1981 to incorporate sections that unambiguously deal with entrapment. Proposed amendments include but are not limited to the following: defining workplace entrapment, barring the use of emotionally manipulative tactics, and requiring prior authorization for covert operations. The creation of a tribunal mechanism, such as a role for the Directorate of Dispute Prevention and Resolution (DDPR), is also suggested to provide an avenue for employees to challenge the legality of entrapment- based evidence in disciplinary proceedings. These recommendations are meant to nurture the principles of fairness and legality while ensuring that employers retain the ability to investigate genuine misconduct in an ethical and legally compliant manner.Item Open Access The impact of corruption and money laundering on good governance and development(National University of Lesotho, 2025-06-06) Ntsatsi, Malerato Juliaesotho is currently grappling with a global crisis of corruption and money laundering. These economic offences undermine the principles of effective governance and national development. They are dynamic phenomena, and their trends vary depending on various factors, including a state's cultural practices, political, economic, and social circumstances, legal frameworks in place, and the availability of responsible institutions and enforcement techniques. Lesotho has legal frameworks in place to prevent corruption and money laundering and has ratified international and regional treaties to curb these economic offences. Despite these initiatives, criminals still find a way to gain from criminal activities. The current legal frameworks leave unexplained wealth out of their asset recovery mechanisms, creating a gap. This research aims to identify gaps and challenges with the current legal frameworks and investigates the impact of international and regional instruments ratified by Lesotho to curb these serious economic offences. The research recommends the enactment of the Unexplained Wealth Act, which will complement existing laws by authorising the forfeiture of properties and assets acquired through unexplained channels. The study also recommends that special courts be created for efficient and effective delivery of justice. The methodology used in this study is entirely desktop-based, utilising both primary and secondary data. A comparative study will be conducted with the United Kingdom, a developed country that has legal frameworks like Lesotho, to draw best practices for the betterment of Lesotho.Item Open Access An analysis of personal liability of company officers in money laundering offences(National University of Lesotho, 2025-05) Mosoeunyane, Liteboho PhillipLesotho is faced with the challenges of dealing with individuals who commit money laundering offences under the guise of companies, hoping to hide behind the companies’ separate legal personality principles. Section 25 of the Money Laundering and Proceeds of Crime Act 2008, as amended, criminalises money laundering committed by both natural and legal persons. It is established law in Lesotho under Section 9 of the Companies Act 2011 that companies, once duly incorporated, have a separate legal personality that affords them the capacity to sue and be sued in their own names, independent of their incorporators. Section 16 of the Constitution of Lesotho 1993 recognises the freedom of all persons to associate, even to the extent of incorporating a company, provided the contemplated incorporation is for a lawful purpose. Individuals in Lesotho are free to exercise their right to association and incorporate a company either individually or as a collective. The law recognises that persons so associatin g to establish a company may not be involved in the day-to-day management of the company; rather, they may vest such responsibility and authority in company officers. The officers have a fiduciary duty to act in the best interest of the company and are held personally accountable for a breach of such duty. The right to freedom of association to incorporate companies and enjoy the benefits that arise from separate legal personality is limited to the engagement in a lawful enterprise. Therefore, where persons constitute themselves into a syndicate and incorporate a company to advance a money laundering enterprise, the law does not permit that.hese officers of the company are the ones that form the requisite mensrea of the company. Therefore, the mental requirement of forming an intention must be ascribed to individ ua ls authorised to act on behalf of the company. To identify these company officers, the princip le of lifting the corporate veil is applied. In the quest to analyse circumstances where the officers of the company are personally liable for corporate crimes in money laundering offences, the study inevitably considers the exceptions to the separate legal personality principle. The study adopts a doctrinal approach that involves consideration of existing literature on the subject matter. It interrogates the extent to which the law permits companies to retain their separate legal personality and circumstances where the veil of incorporation could be lifted to identify company officers who committed money laundering offences and to hold them personally liable for such offences.Item Open Access Reconciling the Private Labour Law System with the Public Labour Law System through the New Labour Act 2024(National University of Lesotho, 2025-05-30) Moerane, Senthebane NathanaelThe Labour Act 2024 is a comprehensive statute regulating employment relationship for both private and public sector employment. The rights contained in the statute are those recommended by International Labour Organisation ILO and other international bodies such as Southern African Development Community (SADC) including the Constitution of Lesotho. This study which is a doctrinal based on desktop is subject to critical evaluation and analysis of the Labour Act 2024 by examining the inconsistencies affecting the Right to Organise and Collective Bargaining in the comparative analysis of Labour Act 2024 and the Public Service Act 2005 towards limitations and subjective approach. More emphasis will be on the legislative attempt to regulate both systems in the same legal framework which is regarded as failed attempt, and the conclusion suggested the way Public Service Act designed in regulating employment in the public sector remain the impossibility to address the conflict of laws towards protection of workers’ rights. The concerns include the right to organise and collective bargaining, right to strike and to form of join trade unions in the public sector employment.Item Open Access The realization of the right to compesation for occupational accidents in Lesotho(National University of Lesotho, 2025-06) Letsie, Nthabiseng ClaudiaOccupational accidents constitute a persistent global concern, as they often lead to injuries, fatalities, loss of production, or damage to property and assets.1 While numerous theoretical models have been proposed to explain the underlying causes of such occurrences, the complexity and unpredictability of such incidents have precluded the adoption of a universally accepted framework.2 So over decades, researchers have proposed various theories from early probabilistic models to more complex systems approaches to explain why accidents occur and how they may be prevented.3 Despite these extensive efforts, no single theory has gained universal acceptance, which demonstrates the inherent unpredictability and multifaceted nature of workplace accidents.4This essentially means that accidents are inherently unpredictable and can have serious consequences, including injuries, fatalities, loss of productivity, and property damage. This unpredictability adds a layer of complexity to workplace safety and compensation systems.Item Open Access Trafficking in persons in Lesotho(National University of Lesotho, 2023-11-13) Motipi, TankisoThe passage of the Anti-Trafficking in Persons Act 2011 represented a significant milestone in Lesotho's endeavours to counteract Trafficking in Persons. In light of the prevalent issue of human trafficking within the country, exacerbated by the absence of a robust legal framework to address the problem, the introduction of legislation criminalising Trafficking in Persons, establishing institutions to combat the crime, and providing for the protection of trafficking survivors can be seen as a partial manifestation of Lesotho's commitment to combating this form of exploitation. However, the mere enactment of legislation marks only the initial phase, as the effectiveness of any legislation hinges upon its proper implementation. This dissertation examines the implementation of the Act and assesses its efficacy in upholding the rights and welfare of trafficked survivors. Utilising an extensive literature review, qualitative interviews, comparative analysis with best practices from other nations, and legal scrutiny, this study evaluates the degree to which the Act has been put into practice and identifies the challenges encountered during its execution. The research probes into the Act's provisions concerning prevention, protection, prosecution, and collaborations among key stakeholders. Additionally, it scrutinizes the alignment of the Act with international standards and analyses the experiences of various stakeholders, including governmental bodies, Non-Governmental Organisations, and law enforcement agencies. By illuminating both strengths and weaknesses, this study aims to facilitate policy discussions, steer future interventions, and advocate for a more efficient response to combat Trafficking in Persons in Lesotho, all while safeguarding the rights and dignity of trafficking survivors. Thresearch findings contribute to the existing literature on anti-trafficking endeavours and propose recommendations to bolster the protection of human trafficking survivors. These recommendations encompass training programs for law enforcement and relevant authorities, the allocation of adequate resources for victim support services, and fostering cross-border cooperation and collaborationsItem Open Access A legal analysis of discrimination and women's right to to inheritance to chieftainship in Lesotho(National University of Lesotho, 2024-07) Mahlehle, Monyake PhilemonIn recent times, the right of women to succession to the chieftainship has become a center of discussions in various platforms in Lesotho. There is evidence that it was not completely ignored. Lesotho had gone through three (3) phases in which rights of women in general, not only the right to succession to the chieftainship was under scrutiny. The history is traced as far as the pre-colonial era, during the colonial era and the post-colonial era as reflected below.Item Restricted Investigating the impact of the social model of disability on access to justice for persons with disabilities, and special needs in public institutions in Lesotho(National University of Lesotho, 2024-05-31) Zziwa, Lilahloane ExiniaAccess to justice is a cardinal aspect of human rights which connotes equality of individuals and non-discrimination. There cannot be a just and equitable justice for all, properly so-called, without access to justice. Ideally, access to justice pre-supposes that all individual human beings should have the ability to obtain redresses and/or remedies through the instrumentality of the law, notwithstanding their circumstances of birth or social standing. However, in Lesotho as in much of the developing world, access to justice remains a difficulty for persons with disabilities and special needs. An array of factors ranging from societal attitudes and gaps in the law to governmental and institutional barriers are responsible for this situation. This study investigates the impact of the social model of disability on access to justice for persons with disabilities and special needs in public institutions in Lesotho and examines the nature of the difficulties encountered by these underprivileged persons in accessing justice, such as obtaining a legal practitioner who is conversant in braille and sign language, amongst othersItem Open Access The right to marry for members of the Lesbians, gays, bisexual, transgender, queer, and many more (LGBTQI+) community(National University of Lesotho, 2024-05) Lepheane, Tholang VitalisThe debate on the rights of homosexuals (it must be noted that, the word “homosexual” is used to refer to the LGBTQI+ community mentioned in the title and shall be used interchangeably) to marry one another has been a heated debate from the time the topic came into public discourse.1 The question of the legalisation of homosexuality in general has been tabled before different parliaments, with some countries like South Africa haven gone ahead to legalise the marriage between same sex couples. Other countries like Uganda have rather banned such activity on the basis that it is a sinful practice.2 Both the courts and parliaments are facing a great challenge since the LGBTQ+ community is backed by European countries and organisations that influence governments to legalise homosexuality.3 The influence of Europeans, Americans and civil organisations has also been realised with the passing of the law of inheritance in Lesotho, being a typical example that Americans may in future also influence the government to enact the law that legalises marriage between homosexuals in Lesotho.4 Hence the need to probe into the discussion.Item Open Access The extent to which non-compete agreement impede development(National University of Lesotho, 2024-05-17) Ramakhale, MamphokoaneThe use of non-compete agreements has faced some criticism. Research has shown that non- compete agreements block employees from freely switching jobs. This may suppress wages and deprive them of better working opportunities. They further result in the lack of mobility and competition, which may reduce bargaining power for employees, consequently leading to lower wages. As a result, development is hindered. This study aims to determine the extent to which non- compete agreements impede development. The study has predominantly relied on secondary data through the desk study method of data collection and the information has come from sources such as journal articles, books, case studies, international instruments and reports. The results indicate that non-compete agreements impede development. On this basis, it is recommended that employers and employees use alternatives to non-compete agreements as they are less restrictive to employee’s career growtItem Open Access The liability of a bank for robbery of a customer in its premises in South Africa(National University of Lesotho, 2024-05-31) Moshesha, Makokoli AliceBanks play a significant role in the economy by providing essential financial services to individuals and businesses. Because of the nature of their banking business, which entails the handling of money, banks have had to put up some security measures in their premises. These security measures are not only meant to safekeep the money held or stored in the bank, but also to protect the employees of the bank and the customers from criminal attacks. The protection of customers in the bank premises is very important because customers are usually not allowed to bring or carry weapons into the bank. It is primarily for this reason that banks are usually perceived by members of the public as some of the safest place for customers, such that it is believed that customers cannot be robbed while in the bank premises. The foregoing notwithstanding, however, customers do often get robbed in the bank premises in South Africa and many other parts of the world, including the United States of America. Whenever this happens, the customers who have been robbed of their monies believe that the bank should be held liable or responsible to compensate them for their loss; wherefore legal scholars, lawyers and courts of law have frequently had to examine the potential liability of the bank for robbery of the customer’s money in the bank premises. This is by no means an easy questionItem Open Access Female genital mutilation in Lesotho(National University of Lesotho, 2024-05-31) Koetlisi, Mphunyetsane AlbertFemale genital mutilation (FGM) is a harmful practice that needs to be eliminated in a free and democratic society. The practice of FGM violates a considerable number of women’s rights, including the right to health in particular. For women to fully enjoy their human rights for governments to see to it that their legal policy framework carters for the protection and promotion of women’s rights. The state’s obligation to domesticate international treaties that deal with the elimination and eradication of harmful practices needs to be taken seriously and timeously implemented. It is common knowledge that there are cultural practices such as FGM that are conventionally deemed to be harmful, discriminatory, inhumane as well as degrading and as a result, such practices must be abandoned. For every person to enjoy human rights, there is a need for enactment and enforcement of laws guaranteeing such rights for all individuals, without discrimination. This study aims to investigating how the practice of FGM violates women’s and girls’ right to health, and physical and psychological integrity in Lesotho. It also seeks to urge the government of Lesotho to domesticate international instruments that deal with the eradication of the practice of FGM.Item Open Access An assessment of the effectiveness of the International Court of Justice in the maintenance of International peace and security(National University of Lesotho, 2024-07) Mokoatle, Bolelang IreneThe United Nations system was born out of global strife and suffering caused by the two devastating world wars. Since the end of World War I one of the main concerns of the international community was the establishment of institutions that would work to maintain international peace and security. The commitment by states in the UN Charter not to resort to armed conflict is a testament of the desire of the international community to cherish peace. The United Nations itself was designed to ensure that it has the capacity to safeguard peace. While disputes between states are inevitable, the UN has mechanisms in place to resolve these disputes peacefully. One such mechanism is the International Court of Justice (ICJ). Established as the principal judicial organ of the UN, the Court has an important role of resolving legal disputes between states. Supporting the Court’s work is the Security Council which not only has the power to recommend referral of disputes to the ICJ or enforce the decisions of the Court but also share the responsibility to preserve international peace and security with the Court. The UN system has however shown some cracks. The recent inability to prevent a costly war in Ukraine and Gaza as well as failure to bring to a halt the suffering of the Rohingya Muslims facing persecution in Myanmar brings spotlight to the UN system, including the ICJ. This study therefore examines the effectiveness of the ICJ in resolving disputes that threaten international peace and security. The study examines the volume of cases brought to the Court’s attention or order to determine whether this forum has been effectively used. It also assesses the rate of states’ compliance with the ICJ’s decisions as well as the extent to which there has been enforcement action in cases where there is non-compliance. The study argues that the ICJ has notsucceeded in its role of resolving disputes that threaten international peace and security. It makes recommendations on some reforms that can be implemented in order to make the Court an effective organ that can contribute to the realisation of one of the UN’s most important objectivesItem Open Access Ensuring accountability and integrity of the police service through an effective oversight mechanism in Lesotho(National University of Lesotho, 2023-05-31) Mokete, Paseka PascalisThe Lesotho Mounted Police Service is characterised by unremitting brutality where the majority of people die in custody and get seriously injured without the perpetrators being brought to book either criminally or disciplinarily. It is the purpose of this research to enquire into the effectiveness of the Police Oversight Authority to curb the prevalence of human rights violations within the LMPS and hold them legally accountable for their misconduct. The research analyses the features of the efficient Independent Police Oversight mechanisms in other jurisdictions and finds out how the issues pertaining to police misconduct are effectively handled. It also explores the obligation imposed on the police management to report serious police conduct such as deaths in police custody to the oversight body. Furthermore, it shows how police management is mandated to implement the oversight recommendations on instituting disciplinary measures against concerned police officers as well as assisting the oversight bodies with the information that may be required for investigating police serious misconduct. It has been established that the Police Oversight Authority is not effective enough to hold police officers accountable for misdeeds and also to ensure that they perform their duties professionally. PCA is not accessible to the public, has no follow-up mechanisms in place to ensure that its recommendations have been implemented or complied with, does not publicise its report and as such its defective performance cannot be scrutinised by anybody. In a nutshell, the study answers the questions as to why there is a continuous violation of fundamental human rights and reigning culture of impunity within the LMPS as well as what can be done to remit such recurrencItem Open Access The efficacy of commercial arbitration, law and practice Lesotho(National University of Lesotho, 2023-05) Thethe-Chitja, MakabeloThe success of commercial arbitration law and practice is achieved as a result of several factors. The purpose of the study was to investigate whether efficacy of commercial arbitration, law and practice in Lesotho is hindered by the legal framework which does not conform to the United Nations Commission Trade Law on International Commercial Arbitration, UNCITRAL Model Law. Examining such other factors as support of the courts and government, the study specifically investigated the impact of lack of education about commercial arbitration for the business community and unregulated arbitrators on the efficacy of the commercial arbitration, law and practice in Lesotho. With the use of the desk reviews and interviews as data collection methods for this study, the evidence obtained has revealed that efficacy of the commercial arbitration, law and practice in Lesotho is hampered by the law which is outdated and inconsistent with the UNCITRAL Model law. As such, support for the mechanism by the courts has been found to be at stake or adversely affected. Lack of support from the government and that of awareness campaigns about the mechanism for the business community have also been noted for constraining the efficacy of the commercial arbitration, law and practice in the country. Further noticeable from the findings include limited commitment from the legal profession and unregulated arbitrators, both of which could have significantly obstructed the mechanism. The study thus concludes that there is an urgent need for law reforms and concerted commitment from the relevant stakeholders to help towards achieving efficacy of the commercial arbitration, law and practice in LesothoItem Open Access An enquiry into the mining industry in Lesotho(National University of Lesotho, 2023-05) Tlebere, LitebohoThe aim of this study was to discuss the challenges posed by the Legislative provisions under the Mines and Minerals Act No. 4 of 2005 which seems to cast to wide discretionary powers on the Minister responsible for Mining. Also, to highlight the weaknesses of the mineral regulatory functions under the Office of Commissioner of Mines. The study recommends the establishment of a regulatory body to do away with potential abuse of discretionary powers, conflict of interest of the Minister, direct political appointments and also assume regulatory function bestowed on the Commissioner of Mines under the current Act. In essence, the study advocates for repeal of the current Minerals Act and proposes the enactment of a new Mining Act that would establish amongst others, a regulatory body / Mining Authority to assume all the regulatory functions in the mining sector
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