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Constitutional shakeup for customary inheritance law

Publish date: 02 March 2026
Issue Number: 1166
Diary: IBA Legalbrief Africa
Category: Legislation

A major new judgment by Lesotho’s High Court, sitting as a Constitutional Court, has brought new hope for children disinherited by customary law because their parents weren’t married. Carmel Rickard, in her A Matter of Justice column on the Legalbrief site, explains that the decision is the first time that the courts have explored the impact of a new law on the rights of such children. The result was a stunning reversal of fortune for a young woman initially disinherited by customary law but now declared her father’s sole heir.

A Matter of Justice

Lesotho judgment

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