Water For Justice

Mini-training on the laws (paralegal programme)

The human rights programme attended a Council sitting at Thuathe and Motanasela on the 11 th of June 2009. The gist of the meeting was to educate the council on the Legal Capacity of Married Persons Law and the Sexual Offences Act before passing to the community with such information. Furthermore a mini-lecture was given on the different types of marriages in the kingdom and the different rights arising therein. The meeting was opened by chairman of the council who welcomed TRC at Thuathe and explained the importance of the information that TRC has proposed to issue out in that meeting. She alluded to the fact that as community guardians, they are often confronted with a situation that the members of the community usually come to them seeking advice and clarification on some of the laws especially the Legal Capacity of Married Persons Act and the Sexual Offences Act.

Objectives Of the introductory sitting

• To develop knowledge and awareness on gender equality and economic rights.

• To disseminate the Legal Capacity of Married Persons Act 2006.

• To sensitize relevant authorities and stakeholders to develop knowledge, awareness and practices in support of these rights as well as to build local capacity.

• To encourage participation in economic activities.

• To disseminate laws on gender equality and human rights.

Issues Raised during the sitting

• That since ages ago Basotho women who were chiefs had this economic rights and could own land and were legal guardians of children so gender must be aware that not all women were disadvantaged.

• If men and women are expected to discuss issues and agree, where an agreement cannot be reached who settles the dispute.

• Local court authorities still do not know the Legal Capacity of Married Persons Act and do not implement it in their judgements.

• How is the program going to reach the very remote areas where this knowledge is needed.

• Chiefs and community councils need a workshop to discuss the Legal Capacity of Married Persons Act in depth so that they fully appreciate its provisions and can disseminate the law.

• Where one spouse is careless and squanders the joint property without consent from the spouse and owes the banks money when they attach the property will consideration be made to the fact that the other spouse did not consent to those acts.

• The program is doing what is the work of the elected parliamentarians who make these laws and do not go back to the communities to inform them of these changes.

• How can the government or law equalize two people who were made unequal by God.

• Why is the Sexual Offences Act silent on the punishment of children who engage into sexual activities.

• Why is the Sexual Offences Act not recognising sexual needs of the mentally disabled.

RECOMMENDATIONS

Generally, the people are not happy with the kind of laws that are being imposed on them by the parliament and clearly communicated their unwillingness to obey such laws, despite being sensitized on the consequences of the failure to obey them. To be more specific, The Legal Capacity of Married Persons Act and the Sexual Offences Act are not seen as likely to bring solutions to the problems encountered as they seriously conflict with the Basotho cultural practices. Having established the peoples' dissatisfaction about the laws, one observed that it is important to be very strategic in disseminating such sensitive laws so that in the end people are able to see the good in them.