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.