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The Unseen Shield: Why Local IP Registration is Non-Negotiable for Basotho Businesses

Lesotho Tribune
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The Unseen Shield: Why Local IP Registration is Non-Negotiable for Basotho Businesses

By Advocate Itumeleng Mabusane

Over the past weekend, a robust debate unfolded on social media regarding two Maseru-based designers and allegations of design theft. While public comments ranged from accusations of secondary copying—citing a famous South African brand—to endorsements of cheaper alternatives, the ensuing discussion missed the single most critical legal principle: the territorial nature of Intellectual Property.

It is imperative that every entrepreneur and creative professional operating in Lesotho understands this foundational truth.

I. The Principle of Territoriality: A Legal Reality

The core legal reality that was overlooked in the public debate is straightforward: Intellectual Property rights are strictly territorial.

The Legal Rule: If the alleged South African designer has not formally protected their designs or marks within the Kingdom of Lesotho, no local IP infringement has occurred. The local designer, in this scenario, has the legal freedom to operatewithin this jurisdiction, regardless of whether a similar design is protected elsewhere.

This case powerfully highlights the absolute necessity of local protection. An IP right registered solely in one country provides zero protection in another. By failing to register their designs in Lesotho, international brands inadvertently leave the market open for local utilization, underscoring the vital need for Basotho creatives to proactively secure their rights domestically.

II. The Illusion of Safety: Why Unprotected Ideas are Public Property

Many local businesses operate under the dangerous impressionthat their originality grants them exclusive rights. This is fundamentally incorrect.

The Fact: If your creative work—be it a logo, a unique product design, or an invention—is not formally protected under the national Intellectual Property regime, you hold no exclusive rights to it. It can be legally copied by any competitor, and you possess no recourse to prevent them.

The Power of Protection: When properly secured, IP becomes an enforceable legal tool. It allows you to legally stop competitors (cease and desist) or seek significant damages for infringement. This is not a theoretical exercise; recent high-profile IP disputes, such as the widely publicized “Please Call Me” case involving Vodacom, demonstrate the potentially multi-million Maloti value of enforceable IP rights.

III. IP as a Strategic Business Tool

Intellectual Property protection is not merely a defensive shield; it is a powerful strategic asset. When your core product is protected, it grants you the leverage to dominate your market.

With enforceable IP, you are empowered to strategically fragment your market offering. You can offer different versions of the exact same underlying creation to cater to diverse customer segments—the premium buyer, the average consumer, and the budget-conscious market.

Consider the airline industry: the core service of transport is segmented into First Class, Business, and Economy. This model allows the company to maximize revenue from the entire customer base while still protecting the essential value of their service. IP enables local entrepreneurs to adopt this level of sophisticated market segmentation, leading to enhanced competitive advantage and higher profitability.

IV. The Duty to Educate and Differentiate

Finally, possessing a registered design or trademark carries a reciprocal duty: the obligation to educate the public. It is incumbent upon the rights holder to ensure the consumer can clearly distinguish between the authentic, registered product and any subsequent cheap knock-offs.

The clarity of your brand identity must be unambiguous, much like the famous slogan, “If it doesn’t say Prosidyn, then it is not Prosidyn.” This level of public education is crucial for maintaining brand integrity and preventing market confusion that benefits opportunistic copiers.

A Call to Action for Lesotho’s Entrepreneurs

Without formal Intellectual Property protection, every local entrepreneur remains exposed to two critical risks: being effortlessly copied by competitors and facing unexpected legal action from others who secure overlapping rights first.

This single oversight can cost you market share, future earnings, and potentially the entire viability of your business. Do not allow your hard work and creativity to become merely a cautionary tale discussed on social media. Invest in local IP protection today to secure your future tomorrow.

IP Consultant

Company: Asante IP Nexus

Green Lovers Strives to Fight Food Insecurity

Lesotho Tribune
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Green Lovers Strives to Fight Food Insecurity

Lesotho’s ideal microclimate, the high altitude, the good soil and abundant water put its farmers at a comparative advantage insofar as deciduous agricultural products are concerned. 

Amidst the efforts that the government of Lesotho in partnership with the Ministry of Agriculture and Food Security has put in place to expand and nurture, not just for fruit production sake but for farming in general, Green Lovers (PTY) Ltd, a farming business that specialises in growing vegetables for commercial purposes to supply businesses and individuals, has been said to be one of the leading and thriving agricultural businesses in Lesotho. 

Lesotho Tribune reached out to the founder of the company, Malerato Lehano, to hear about how she got to where she is currently with her business, highlighting the challenges and successes in the struggling economy and the horrible climate challenges.

LT: Please tell us about Green Lovers (PTY) Ltd and you. 

GL: I am a Limkokwing University of Creative Technology graduate and hold a Degree in Entrepreneurship. I founded Green Lovers (PTY) Ltd in 2019 and legally registered it under the Companies Act of 2011 as a private company in May 2020. 

I got into the farming business after realising the hunger and poverty that were prevailing in the country, yet we have land. I was also eager to create a job for myself and for others. 

At Green Lovers, we wish to grow vegetables in a perfect way to turn employees’ skills and knowledge into extra income. By the end of December 2026, we aim to serve the whole north region of Lesotho with our produce and expand our production by purchasing more land for production. 

Moreover, we aim to play a major role in fighting food insecurity. People certainly need sustainable food.  

We also aim to become the regional leading Agriculture Farm as well as a major player in the Agriculture sector and to produce on a very large scale to reach all levels and/ categories of people at a lower price. 

I wish to see the Green Lovers branch in all the districts of Lesotho, still growing crops as well as processing our own products to minimise wastage, then selling them at affordable prices.

LT: As a farming business that produces for commercial purposes, how has business been in 2025?

GL: Business has been fairly well, except that in business, there are always ups and downs in different seasons, in that sometimes we may harvest more, and at other times we may go very low in comparison to our projections. 

For instance, in January 2025, business was very good. We harvested more than our demand so much that we had to donate some of our produce to the needy freely and those who loved them. However, some products were spoiled since we didn’t have processing machinery to preserve our produce for longevity and availability; vegetable dehydrators and refrigerators to freeze our mixed vegetables as well as canning skills.

LT: How many local markets do you supply and how many international franchises? What marketing strategies do you use?               

GL: We supply 15 local markets. So far we are still supplying one franchise. However, we had two more customers who asked us to supply them, but we declined the offer due to a lack of delivery transport from Leribe, Hlotse to Maseru. 

We visit different businesses to market our business, what we are about, and what we wish to sell to them, and take it from there. 

We also attend market show exhibitions and market days because every chance we get, we use it to sell ourselves. We organise buyer and seller meetings.

LT: What sets you apart from other farming businesses? What strategies do you use to grow your vegetables in a “perfect” way? 

GL: Our products are unique, organic and of good quality with guaranteed long shelf-life. We practice the spraying programme. We implemented a systematic feedback system from our customers, plus we offer free deliveries to local markets within a radius of 10km.

LT: Please tell us about your milestones, achievements and challenges.

GL: At first, Green Lovers was growing its crops in an open space, as a result, our harvesting was very depressing, not promising at all, although my passion was and is still burning me.

And so during heavy rains, snow and hail, we faced a huge problem. 

In addition to not having enough water to irrigate our crops, we also did not have a storeroom to keep our equipment or packaging rooms to take in our harvest before classifying them according to their sizes. 

We worked as a husband and wife for about a year because we did not have any other options (getting extra labourers) due to lack of funds- capital- because we had just bought land with the little we had saved over the years. 

We now have three permanent employees, and from time to time, we employ temporary staff of five to eight people during sowing and harvesting seasons. 

LT: I believe climate change is one of the biggest challenges. How are you tackling this? What preparation measures have you put in place to safeguard business in case the situation doesn’t subside in the future? 

GL: Like I mentioned earlier, our work has improved. Climate change does not bother us anymore. During dry seasons, we continue with our business as if nothing had happened because we now have a borehole. In adverse climates, when people can’t produce, for us this is not much of a challenge. We sow throughout the year; it’s a nonstop farming with us lately.

Green Lovers is currently using 3479m2 of land for its farming purposes. For the company, harvesting outcomes differ according to seasons: summer seasons are better than winter seasons. 

The company’s projections say that when 3,000 cabbage heads had been sown, sold at M10.00 per head, there is a high chance of M35,350 returns in sales if harvesting were a 100 percent success. 

Likewise, if 4,000 pepper heads had been sown, sold at M3.00 per pepper, successful harvesting promises 100 percent returns in sales. Therefore, summer means more sowing and successful harvesting for the company. 

LT: What advice do you have for farmers? 

GL: Farming requires passion. Do not let illusions of the high projections of the large sums of money calculated in farming make you believe you can achieve all that and it will be easy. It is not. To succeed in the business, you only need passion because sometimes, as a result of climate change, you’ll find that you harvest close to nothing after spending all your money or incurring debt, a situation that may discourage you. 

One thing farmers need to know is that money made from sales cannot all go towards savings or spending outside the business; a huge amount of this money is supposed to go towards improving their business to grow. It is all up to you to take your business to the heights only you wish to see it at. 

Self-employed farmers like us need to put in the work to win the race. They should also take advantage of markets or exhibitions, which will help them grow as farmers, and the projections will be visible in their businesses.

African States Urged to Strengthen Child Protection Laws in Business Practices

Lesotho Tribune
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African States Urged to Strengthen Child Protection Laws in Business Practices

Maseru

A new study by the Institute for Human Rights and Development in Africa (IHRDA) has revealed critical gaps in the integration of children’s rights into National Action Plans (NAPs) on Business and Human Rights (BHRs) across the African continent, assessing the extent to which African nations are addressing the unique vulnerabilities of children within their business and human rights frameworks.
Despite children comprising nearly half of Africa’s population, studies found that their rights are often overlooked in business and human rights frameworks, reflecting a systemic exclusion.
It has been said that the intersection of business and children’s welfare is a pressing issue, with economic expansion driven by extractive industries and global trade significantly impacting children’s lives.
However, only five African countries, including Kenya and  Uganda, have developed NAPs on Business and Human Rights, with minimal provisions specifically addressing child protection.
It was also revealed that Africa faces significant hurdles, including widespread child labour estimated at 92 million children, a dominant informal economy, risks in agriculture and mining, corruption, illicit financial flows (US$80 billion annually) and weak enforcement of existing laws.

Speaking at a two-day meeting on human rights held in Maseru this week, Dr Musa Kika, the Executive Director of IHRDA, said it has become a common occurrence in Africa for children’s consumer rights to be violated, revealing that Africa registers some of the highest statistics in child labour.
“In Africa, we have an undeveloped normative framework of protecting children in the context of businesses. And this is a broader problem because we do not have a binding normative framework around business and human rights,” Kika said. 
What is available to respond to the problem, Kika said, is a UN guiding principle and the guidelines of BHR. 
“But its implementations remain a big problem. We do have national legislation across our 55 African states,” he said, highlighting gaps in labour and environmental regulations and consumer protection as some of the domains where implementation processes remain a big problem.
The meeting therefore served as the first step towards changing the situation by looking at how children’s rights can be protected. 
Honourable Joseph Sunday Sinnah, an Expert Member from the Group on Business and Children’s Rights, commended IHRDA on this effort which he said not only shows intention but also prioritises inclusion.
“Across the continent, business operations shape children’s lives in countless ways, from labour markets, land use decisions to digital platforms, environmental practices and supply chains. Yet, too often, children are either mentioned only in passing or omitted entirely from the frameworks that regulate business conduct.”
He said the study, therefore, paints a clear picture of the extent to which national action plans on businesses and human rights integrate children’s rights and where the gaps are.
The study’s findings resonate with the committee’s study on children’s rights and business adopted in 1973, which, among other things, examined the treatment of children’s rights within national action plans. 
It was concluded that AU member states need national action plans with clear expectations, measurable commitments, detailed implementation pathways, periodic reviews and adequate funding for without such investments, even the most promising commitments will remain unfulfilled
Human rights institutions, child protection agencies and the courts also need to be equipped with resources to enforce standards that shield children from business operations. 
It can therefore be concluded that the meeting was not just an opportunity to discuss findings but an opportunity to strengthen collaboration, discuss challenges that remain, examine state obligations, corporate responsibilities, track progress and design practical solutions. 
In addition to the recommendations, it was said that countries need to align their laws with international standards, criminalising all forms of child exploitation and explicitly integrating child rights into the NAP on Business and Human Rights and lastly implement mandatory child-protection codes of conduct for high-risk industries such as tourism, agriculture, transport and mining.
Businesses, on the other hand, were advised to adopt Child-Rights Policies, aligning them with the UN Guiding Principles, Children’s Rights and Business Principles, and ILO standards. They also need to ensure human rights due diligence and oversight of third-party recruiters and incorporate child protection through no-child-labour clauses. 
Amidst all presented challenges, businesses have immense potential to advance children’s well-being, yet, far too often, their activities expose children to exploitation, hazardous labour, environmental degradation, displacement and digital harms.

Daughters accused of murder shift blame to uncle

Tholoana Lesenya
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Daughters accused of murder shift blame to uncle

MASERU

The High Court heard shocking accusations when the murder trial of sisters Nthei and ’Mamphoka Rasekoai took a dramatic turn. The two women are now pointing fingers at their uncle, Matlere Theko, whom they claim is the real culprit behind the crime.

The allegation surfaced during the cross-examination of Theko who appeared as a State witness. 

What began as a routine questioning quickly escalated into a tense exchange dripping with suspicion, family conflict and competing narratives about what truly happened in July 2022.

Representing the accused, Advocate Makhabane Masuphaconfronted Theko with a series of accusations allegedly made by the sisters. According to the defence, the accused claim that during the early stages of the police investigation, they overheard their uncle conspiring with officers to have them arrested.

The defence told the court that in August 2022, while investigators were still piecing together events surrounding the death of the deceased, accused ’Mamphoka allegedly heard Theko tell police officers that he would reward them if they arrested the sisters. This claim caused visible discomfort in the courtroom, with several spectators shifting in their seats as the defence continued to press the witness.

Advocate Masupha further told the court that the accused alleges another incident occurred in May 2023 when ’Mamphoka went to the police to report an assault she says was committed by Theko. According to her, the officers on duty allegedly responded by complaining that Theko had not yet paid them.

These allegations, while untested, cast a shadow of doubt and suspicion over the witness and ignited a dramatic confrontation that revealed deep-seated conflicts within the Rasekoai family. Throughout the cross-examination, Thekomaintained his composure, repeatedly denying the accusations. He insisted he had no reason to pay police officers, nor did he ever attempt to frame his nieces for their mother’s death.

But the defence was relentless, suggesting that the State’s witness had ulterior motives for testifying and accusing him of manipulating the investigation to point the blame away from himself. The court watched the exchange unfold with intense interest, as every response from the witness was met with sharp interrogation from the defence. 

What had seemed like a straightforward testimony quickly evolved into a heated battleground over truth, motive and credibility.

The prosecution, which began presenting its case only a day earlier, has already led six witnesses to the stand. Each is expected to shed light on the events surrounding the violent death of the deceased and the strained, complicated relationship within the Rasekoai family. 

While the State maintains that the two sisters are responsible for their mother’s killing, the defence appears determined to steer the court’s attention toward a different narrative, one where the deceased’s own brother could have played a more evil role.

The introduction of these accusations has added a dramatic twist to a case already marked by allegations of family conflict, mistreatment and disturbing details from the witnesses who have testified so far. 

The accusations against Theko have thrown open new questions in a trial that is becoming increasingly complex with each passing witness. The defence seems poised to argue that the investigation may have been influenced or misdirected, while the prosecution insists it has evidence solidly placing the two sisters at the centre of the crime.

As the trial resumes, all eyes will remain fixed on the witness stand, where every statement, accusation and denial will shape the court’s understanding of a murder that has shaken an entire family and captured the attention of the nation. The proceedings continue this week as the State prepares to call more witnesses, hoping to strengthen its case amidst a storm of counter-accusations and shifting narratives.

South Africa holding very successful G20 Leaders summit

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South Africa holding very successful G20 Leaders summit

South Africa is presiding over a G20 summit that is turning into a diplomatic triumph. Delegations are lining up for bilateral engagements, the agenda is moving without disruption, and Pretoria is projecting the kind of authority that regional blocs often struggle to command. Officials say the gathering will close with a Declaration adopted by majority consensus, a significant political moment given the global fractures on display.

That decision lands squarely in defiance of pressure from Donald Trump, who warned South Africa against issuing any declaration at all. Instead of retreating, organisers pushed ahead, signalling that the host nation and its partners are unwilling to let external threats dictate the outcome of a multilateral forum.

Machesetsa Arrested as Political Pressure Mounts on LMPS Leadership

Lesotho Tribune
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Machesetsa Arrested as Political Pressure Mounts on LMPS Leadership

Lesotho Mounted Police Service has arrested the outspoken Leader of Opposition, Hon. Machesetsa Mofomobe. Mofomobe is the leader of Basotho National Party (BNP).


Well placed officers within the police service, who spoke on condition of anonymity because they are not authorised to engage with the media, said the arrest was not an isolated police action. According to them, Commissioner of Police Borotho Matsoso was given firm instructions by those at the centre of power to find a reason to detain Machesetsa.

One of the sources said the leadership wanted him arrested by any means. The source described mounting pressure on the Commissioner and said Machesetsa was viewed as a growing irritation to the regime.

The opposition leader has in recent months intensified criticism of the government, calling out secrecy, alleged corruption and what he says is a slide toward authoritarian behaviour. His arrest will likely deepen tensions and raise concern among civil society groups that have already warned about declining political tolerance in the country.

Attempts to obtain an official comment from the police were unsuccessful at the time of publication.

This is a developing story.

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