Chieftainship Act3 violated her rights for precluding her succession to
chieftaincy based on her gender. She claims that the Constitutional Court
rejected her arguments and upheld section 10 of the Chieftainship Act. She
further claims to have appealed against the decision of the Constitutional Court
to the Lesotho Court of Appeal but that on 17 April 2014 the Court of Appeal
handed down a binding, final decision upholding the constitutionality of
Section 10 of the Chieftainship Act. FIDA-Lesotho and SALC were admitted at
both stages of the litigation as amici curiae.
34. On Article 56(6) of the African Charter, the Complainants submit that the
Communication was filed before the Commission within a reasonable period
from the time local remedies were exhausted. The Complainants argue that the
Communication has been sent within a reasonable time because the final,
binding judgment of the Lesotho Court of Appeal was handed down on 17
April 2014 while their submissions were received by the Secretariat on 10
September 2014. They argue that the Commun}cation was thus filed before the
Commission less than five (5) months from the date ofthe final judgment of the
Lesotho Court of Appeal, which they claim, is less than the six-month
delimitation period considered reasonable in other jurisdictions.
35. Regarding Article 56(7) of the African Charter, the Complainants submit that
the Communication does not raise claims that have been settled by the
Kingdom of Lesotho or resolved by any other international forum. The
Complainants submit that no treaty nor Charter body has dealt with the matter
in the present Communication nor addressed the present concerns, including
the relief sought by the Victim.
36. The Complainants submit that for the foregoing reasons, the Communication
satisfies the apmissibility requirements of Article 56 of the African Charter, and
on that basis seek a judgment declaring the Communication admissible.
ANALYSIS OF THE COMMISSION ON ADMISSIBILITY
1. Identification of authors (Article 56(1))
37. Article 56(1) of the African Charter requires Communications to 'indicate their
authors'. In the instant case, Ms. Senate Masupha, FIDA-Lesotho and SALC,
referenced earlier as the First, Second and Third Complainants respectively are
duly identified as the authors with full name and contact details. Accordingly,
the present Communication complies with Article 56(1) of the African Charter.
3
Act 22 of 1968.