NULIR
The National University of Lesotho Institutional Repository (NULIR) is a digital archive that collects, preserves, and provides open access to the scholarly and intellectual output of the University.
Recent Submissions
Striking a balance between human rights protection and maintaining National Security
(National University of Lesotho, 2025-05-07) Ramakoala, Lebohang
This 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.
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 Michael
Electronic 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.
An analysis of how human rights violations affect development in Lesotho
(National University of Lesotho, 2025-05-31) Molikoe, Nthabeleng Magret
This 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.
Critical discussion of the severance pay legal framework in Lesotho
(National University of Lesotho, 2025-05) Thejane, Motlatsi
This 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.
The Constitutional Implications of Abuse of Entrapment in the Workplace:
(National University of Lesotho, 2025-05-26) Sello, Thakane
This 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.