Alleged violations of article 14 and 16 of the Charter, and articles 5, 14 and 21(2) of the Maputo Protocol Charter 197. The Complainants submitted that the preclusion of first-born daughters from succeeding their fathers as chiefs prevented them from being heirs to their deceased father's estate under customary law. Further, the Complainants submit that by denying women the rightful ownership of property, the law disempowers women in important ways that inevitably impacts their access to healthcare. Further to the above, the Complainants submitted that aaccording to the 2014 Lesotho Demographic Health Survey, 25% of adults aged 15-49 in Lesotho are HIV positive and HIV prevalence is. higher among women (30 %) than men (19 %). 68 They indicated that there is extensive research evidencing that disempowerment, inequality and discrimination against women exacerbates their vulnerability to contracting HIV. 198. The Commission notes that the Complainants has not made substantiated submissions on property, · succession and health. Firstly, the Complainants' pleadings do not bring to fore that s10 of the Chieftaincy Act and the Court of Appeal's decision prevented her from succeeding the property of her deceased father specifically in a manner that violates her right to property. 199. Moreover, the Complainants have also not pleaded on how it amounts to a denial of right to enjoy the best attainable state of physical and mental health. The Commission notes in the Complainants have not established what breach arises from the statistics submitted and what, if any, is their legal implication for the present proceedings. The Commission retains questions on the responsibility of the Respondent State or the obligations breached. 200. The Commission reiterates and emphasises the fundamental principle that he who alleges must prove. 69 Without cogent submissions and compelling evidence, the Commission is unable to conclusively adjudicate these allegations on the violation of the Charter. 201. The Commission concludes that the Respondent State has not violated Articles 14 and 16 of the Charter, and articles 5, 14 and 21(2) of the Maputo Protocol Charter.

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