Lesotho: Lekhoaba and Another v Director of Immigration and Others (Constitutional Case No.3/07)

Published: 26/Oct/2007
Source: High Court of Lesotho

Peete J.: Introduction

[1 ] In the Lesotho of today, this unique case raises an important issue of a “crisis of identity” under the new democratic constitutional dispensation.

[2] Lesotho is a democratic Kingdom, geographically situated, rather conspicuously, in the middle of the Republic of South Africa. Before its independence in 1966, Lesotho had been existing as a British Protectorate then called Basutoland. Economically and industrially Basutoland (now Lesotho) was and still is mostly dependent upon the neighbouring South Africa. Most Basotho men and women continue to seek employment in South Africa, only because of Lesotho’s underdeveloped economic sector. This is a reality.

[3] As independent states of the SADC, obviously, the two countries are closely interdependent and the movement of peoples across the common borders has to be handled with vigilance and diplomacy. The Basotho citizens in South Africa are as alien in that country as South African citizens are aliens in Lesotho. Dual citizenship is mutually prohibited; permanent or temporary residence is allowed on application under each country’s Aliens Control laws.

Download from LesothoLII: https://lesotholii.org/ls/judgment/high-court/2007/130

Themes: Dual Nationality, Loss and Deprivation of Nationality
Regions: Lesotho
Year: 2007