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Lesotho

Mixed: civil and common law

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Lesotho is a mixed system: Roman-Dutch common law, brought from South Africa, and customary law that runs through a separate set of local courts. It has a Constitution of 1993 and a King as constitutional monarch.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of 1993, the highest law
  • Statutes, and Roman-Dutch common law as developed in South Africa
  • Customary law, applied in the Central and Local Courts
  • Decisions of the Court of Appeal and the High Court

The main courts

  • The Court of Appeal, the final court
  • The High Court
  • Magistrates' courts, and Central and Local Courts for custom

Becoming a lawyer

A law degree and admission as an attorney or advocate by the High Court.

What may surprise you

  • It is completely surrounded by South Africa, and its law follows South African law closely.
  • Customary courts are part of the court structure, not outside it.
  • The King is a constitutional monarch, not a ruler.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Lesotho as: Common law, Civil law, Customary. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Lesotho, consult a lawyer qualified there. Report a mistake.