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February 23, 2024
LAW & CRIME

INHERITANCE LAWS UNDER PUBLIC SCRUTINY

Qacha’s Nek, Dec.04 — The majority of Melele have today urged the office of the Master of the High Court to amend and harmonise the outdated inheritance laws in Lesotho as they are no longer serve their needs.

The laws are Intestate Succession Proclamation of 1953, Administration of Estates Proclamation of 1935 and Laws of Lerotholi.

Melele said they want the identity of the heir to be Bajalefa not Mojalefa as they want to share their properties equally amongst their children or choose any child they see fit regardless of their gender unlike now when the Laws of Lerotholi provide that “the heir in Basutoland shall be first male child of the first married wife, and if there is no male in the first house then the first born male child of the next wife married in succession shall be the heir”.

“If there is no male issue in any house the senior widow shall be the heir, but according to the custom she is expected to consult the relatives of her deceased husband who are her proper advisers,” the Laws of Lerotholi read.

However, Customary law stresses the concept and process of consultation as an important pillar in dealing with issues of inheritance.

They further said they want a child made out of wedlock to inherit properties from their parents whether the couple was married or not unlike now when they only inherit their mothers belongings. . .

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