Rédaction Africa Links 24 with Lesotho Times
Published on 2024-04-10 06:30:59
The decision by the National Assembly to remove Clause 69 from the new Administration of Estates and Inheritance Act 2024 has sparked controversy and divided opinions among various stakeholders. This move has raised concerns among human rights defenders, politicians, and chiefdoms in Lesotho.
Some principal chiefs were against the clause, arguing that it could potentially disrupt families. On the other hand, some politicians believed that the clause should have been amended rather than completely deleted in order to protect the rights of children born out of wedlock.
Human rights defenders strongly opposed the removal of the clause, citing that it discriminates against children based on their birth status. The clause was originally designed to allow children born out of wedlock to inherit a portion of their biological parents’ property upon their death.
The National Assembly decided to eliminate the clause to uphold the sanctity of children born within formal marriages. This decision has left many advocates for the rights of children born out of wedlock disappointed.
The Administration of Estates and Inheritance Act 2024 aimed to modernize laws related to inheritance, administration, and distribution of estates of deceased individuals, minor children, and other vulnerable groups. The Act sought to address traditional rules that favored the eldest male child in a family when it came to inheritance.
Advocate Mamosa Mohlabula-Nokana from Women and Law in Southern Africa (WILSA) expressed deep concern over the removal of the clause, emphasizing the impact it would have on the rights and well-being of children born out of wedlock. She highlighted the psychological and emotional toll that such discrimination could have on these children.
The issue is not only about inheritance but also about fundamental rights and social acceptance. Advocate Mohlabula-Nokana emphasized the importance of protecting all children, regardless of their birth status, and ensuring equality in inheritance laws.
The controversy surrounding Clause 69 also drew the attention of Chief Khoabane Theko, who voiced concerns about the potential negative effects on family cohesion. Chief Theko believed that expecting children born out of wedlock to share inheritance with those born within marriages could lead to unrest within families.
Despite the Senate not being directly responsible for the removal of Clause 69, the decision made by the National Assembly has raised critical questions about child welfare and equality in inheritance laws. Leaders like Machesetsa Mofomobe stressed the importance of prioritizing children’s well-being and advocating for fair treatment in inheritance matters.
In conclusion, the elimination of Clause 69 from the Administration of Estates and Inheritance Act 2024 has sparked a significant debate in Lesotho. The decision has highlighted the need to strike a balance between traditional norms, legal reforms, and the protection of children’s rights, especially those born out of wedlock. It remains to be seen how this controversial move will impact the social fabric and future well-being of these vulnerable children.
Read the original article on Lesotho Times
