Principal Chiefs have accused the government of sidelining them in the making of the Administration of Estates and Inheritance Act, 2024, saying the new law tramples on Basotho customs and has sparked growing family conflicts across the country.
Speaking in the Senate this week, Principal Chief of Leribe Joel Motšoene said the law was pushed through without proper consultations with traditional leaders, who are the custodians of Basotho culture and heritage.
“The chiefs have been shut out,” Motšoene told the House. “This law compromises our cultural fabric and diminishes the value of customary practices that have guided inheritance for generations.”
He said the law was rushed and should have been widely debated to avoid “throwing the baby out with the bath water.”
Motšoene asked the Minister of Justice and Law, Richard Ramoeletsi, whether he was aware that the Act had already caused a spike in inheritance disputes, and pressed him to explain what measures the Ministry was taking to protect vulnerable family members such as widows and orphans.
He also demanded to know if the government planned to amend the law to remove ambiguities that fuel family conflicts.
The law was among the reforms demanded by the Millennium Challenge Corporation (MCC) of the United States before approving the $300 million Compact II grant, which was matched by $22.5 million from the Lesotho government.
The Compact, worth a total of $322.5 million (about M6 billion), is expected to create 90,000 jobs over five years. The law was passed alongside the Occupational Safety and Health Act and the Labour Act earlier this year.
The Administration of Estates and Inheritance Bill was rejected by the Senate last year for lack of consultations but was later pushed through by the National Assembly, despite objections that it repeals Basotho customary law as contained in the Laws of Lerotholi.
Responding in the Senate this week, Minister Ramoeletsi said his Ministry was not aware of any significant rise in family conflicts linked to the new Act. He explained that inheritance disputes are to be referred to the Master of the High Court for review, and that office has not reported an increase in case volumes.
He added that the Ministry is applying the Children’s Act in conjunction with the Administration of Estates and Inheritance Act to handle inheritance-related matters, and that public awareness campaigns have already been rolled out in both urban and rural areas, including Botha-Bothe, Quthing, Qacha’s Nek, Mohale’s Hoek, Mafeteng, Maseru, and Mokhotlong.
He assured the House that amendments to the law are being prepared to address lingering issues.
But Motšoene said the problem was deeper, citing cases where the Master’s Office demands marriage certificates from couples married in the 1950s, which makes processing estates difficult.
Principal Chief of Ha-’Mamathe Sempe Khabasheane Masupha also slammed the law, saying chiefs’ inputs were ignored. The Minister admitted that not all submissions were included when the law was drafted.
Supporters of the Act, however, insist it is a progressive step that ensures fairness and gender equality, giving women and children equal inheritance rights alongside men.
Summary
- Motšoene asked the Minister of Justice and Law, Richard Ramoeletsi, whether he was aware that the Act had already caused a spike in inheritance disputes, and pressed him to explain what measures the Ministry was taking to protect vulnerable family members such as widows and orphans.
- The Administration of Estates and Inheritance Bill was rejected by the Senate last year for lack of consultations but was later pushed through by the National Assembly, despite objections that it repeals Basotho customary law as contained in the Laws of Lerotholi.
- He added that the Ministry is applying the Children’s Act in conjunction with the Administration of Estates and Inheritance Act to handle inheritance-related matters, and that public awareness campaigns have already been rolled out in both urban and rural areas, including Botha-Bothe, Quthing, Qacha’s Nek, Mohale’s Hoek, Mafeteng, Maseru, and Mokhotlong.
Thoboloko Ntšonyane is a dedicated journalist who has contributed to various publications. He focuses on parliament, climate change, human rights, sexual and reproductive health rights (SRHR), health, business and court reports. His work inspires change, triggers dialogue and also promote transparency in a society.
