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      The Constitutional Rules of Succession to the Institution of Monarch in Lesotho

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          Abstract

          The rules that govern succession to the office of King in Lesotho are largely customary. The Constitution of Lesotho, 1993 provides that succession to the office of King shall be regulated in terms of customary law; the Constitution itself does not provide for the substantive and procedural rules governing succession. The zenith of customary rules is that succession to kingship in Lesotho is based on the principle of primogeniture. The primogeniture rule has always presented problems of application in Lesotho; more so in the era of equality and democracy. This paper critiques the rules of succession to the office of King. It contends that by leaving the regulation of succession exclusively to customary law without clear articulation in the Constitution, the Constitution is unduly yielding to a system of law (customary law) which is not only subservient to the Constitution but also based on a different set of values. The paper recommends that the rules of succession must be codified in the Constitution and must be realigned with contemporary notions of constitutionalism and equality.

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          Most cited references16

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          "South African Common and Customary Law of Intestate Succession: A Question of Harmonisation, Integration or Abolition"

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            "The Application of African Customary Law under the Constitution of South Africa: Problems Solved or just Beginning?"

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              "African Westminster?: The Parliament of Lesotho"

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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2019
                : 22
                : 1
                : 1-29
                Affiliations
                [01] orgnameUniversity of Limpopo South Africa hoolo.nyane@ 123456ul.ac.za
                Article
                S1727-37812019000100027
                10.17159/1727-3781/2019/v22i0a4461
                39523a62-6961-43e6-b6c3-bf190ac7b1a8

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                History
                : 15 February 2018
                : 10 December 2018
                : 02 May 2019
                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 39, Pages: 29
                Product

                SciELO South Africa

                Categories
                Articles

                Lesotho,Constitution of Lesotho,succession,customary law,King

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