MASERU
Mohoo oa Moshoeshoe held an online webinar on 2 May 2024 at the IEMS Studios to tackle the topic: Administration of Estates and Inheritance Act of 2024. Mohoo oa Moshoeshoe is a non-profit organization that is aimed at unlocking community knowledge in a new way.
The webinar was hosted by Mr Liphapang Monesa who gave a brief purpose of what was to be addressed as well as introduce the panel that was to converse about the Amendment of Melao ea Lerotholi. On the panel were the following members respectively: Mr Kalosi Ramakhula, Chief Lerotholi Mathealira Seeiso, Mrs ‘Mapatlo (Ithabeleng) Phamotse, Mr Morapeli Makara and Mr Rabuka Chalatsi. Their task in relation to their expertise was to breakdown and expand on what the Estates and Inheritance Act of 2024 is, what influenced it and what it means for Basotho at large?
Mr Ramakhula cut to the chase by expressing that he has rigorously learnt in depth about Lesotho. He said that Lesotho’s history indicates that it has been led with respect and discipline since it’s inception. He also made it clear that Melao ea Lerotholi do not necessarily mean they were made by him, but they are basic human principles instilled in every Mosotho. The laws are embedded in the hearts of Basotho from birth. He also added that any law implemented should have Basotho’s inputs.
Chief Lerotholi proceeded to say that when this Act was brought to the senate, it was brought in a forceful manner by Americans with promises that they will also provide funding. He further said that there were no consultations made i.e. to chiefs of different villages for protocols. He says only a concept was shared and it was not even thoroughly understood therefore it was not approved. This is also because the laws are written in English, and this means that meaning and context is deterred during translation.
Furthermore, Chief Lerotholi stated that Lesotho abides by the notion of dual legalism, and he strongly believes that this Act oppresses ‘Molao oa Sesotho’. Which raises the question, what is really being said about aa person’s inheritance after they die?
Mrs Phamotse shared that the foundation of a law is that it should be easily enforced- enforceability. She also reiterated what the Chief stated that this Act is written in a manner that is quite difficult to comprehend moreover, this law does not have proper guidance, instead it contravenes the foundation and systematic leadership of Basotho.
Mr Makara put in his two pennies worth by saying that the law is made for people, taking into consideration how the particular group of people lives hence the plight to preserve Basotho’s way of life and the laws influenced by that way of life. He noted that there is already an applicable law pertaining to issues of inheritance which is fully functional, and Basotho are satisfied with because it relates to their roots. According to Mr Makara, in the event that they are not satisfied, they are permitted to challenge it, not Americans.
Usually when a law is revisited and amended, it is because there is mischief regarding it but not in this instance. He added that he believes that there is a group of people who have their own interests that are shoving the Act down people’s throats. Mr Makara enforced the aspect of dual legalism. Most importantly, this Act stirred confusion as to whether the common law or customary law is being used to execute this Act.
Mr Rabuka initiated his statement by saying that the Estates and Inheritance Act of 2024 is a pure injustice to the law of Basotho. Any law should have the ability to preserve and protect a particular people according to their needs.
He said that this law will bring about dire cost implications for many (cases will be heard at the High Court despite there being other small courts which are closer to those in other districts). This will later result in the incitation of public violence because people will feel the need to speed up justice. This law is said to be an agent that cripples Basotho from exercising what they are used to, in the disguise of restoring order.
For the Act to be right, what should have happened? What was the ideal way to go about it? What are the recommendations that can be given, given the circumstances?
Mr Rabuka’s opinions were that since the law is already present, the wrong parts of it should be repealed and proper consultations should be conducted. Mr Makara contributed by saying that law is law and should be respected as such, if need be, complaints can be lodged, and the parliament should revisit the matter. Mrs Phamotse supplemented by saying a thorough explanation stating why the Act was rectified must be given and if the people still complain, it must be done away with or fixed.
Chief Lerotholi firmly stated that the law was not done accordingly therefore it must be repealed and he said that government must be charged! Mr. Ramakhula said since 1868, Moshoeshoe told the white man that he can rule over him, but he will personally oversee his people and that has always been the case. He appealed to those that approved the Act to rethink it and questioned whether an improper law should be accepted? He too charged to say the government must be held liable and sued.
It is quite evident that people do not fully comprehend what the Estates and Inheritance Act 2024 says and for those that do, it has been rubbished including its source. The conclusion of the matter was that the Act ought to be revoked. The panel was reported to be the first of many that probe and provide the platform for people to join in on conversation and share their opinions on various matters. More deliberations are said to be in the pipeline and people’s input will be appreciated including their difference in opinions.
